Fox v. Delta Airlines, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that failure to recall assent to a clickwrap agreement \does not create a meaningful dispute of fact\
• finding that Airbnb’s Terms of Service were not unconscionable and sufficiently noticed plaintiffs of the arbitration agreement therein
• accepting defendant's evidence of an archived sign-up screen and rejecting plaintiffs' evidence of an alternate sign-up screen that was not tied to the date plaintiffs accessed the website
• finding a user was on notice where, among other factors “‘Terms of Service’ was highlighted with blue font and an underline, indicating a hyperlink that took users directly to the TOS.”
• enforcing arbitration agreement where “users had to click on two buttons manifesting assent: a check box with the text ‘I agree to the terms and conditions of the updated Terms of Service [and other terms],’ and a red button right below it, with white text, reading ‘I Agree’ or ‘Agree’”
• courts are “more willing to find the requisite notice for constructive assent where .. . the user is required to affirmatively acknowledge the agreement” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).