Plaintiff filed a putative class action against defendant after she was charged a “pickup fee” for an online purchase, which she alleged the defendant did not disclose and that it used the fee to manipulate its prices. The district court granted the defendant’s motion to compel arbitration, finding that the parties had entered into an arbitration agreement. The plaintiff appealed, arguing that the agreement was invalid and unenforceable and did not cover her claims. The Seventh Circuit affirmed, finding that the defendant’s website provided reasonably conspicuous notice of the terms to which plaintiff would be bound and that plaintiff assented to those terms. The appellate court also found that plaintiff’s claims were within the scope of the arbitration agreement because they arose from or related to the contract between the parties. (KIRSCH, concurring and HAMILTON, separately concurring)
Federal 7th Circuit Court
Civil Court
Arbitration Agreement