Rochester Telephone Corp. v. Kirchner

How courts have described this case

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

• holding that assent was lacking because the 3 webpage “did not indicate to the user what action would constitute assent”
• holding that terms were inconspicuous where, inter alia, text in “gray font . . . rather than in blue”
• concluding that the tiny grey font was “the antithesis of conspicuous”
• noting that to form a contract under California law, “the parties must manifest their mutual assent to the terms of the agreement.”
• explaining that “[c]ustomary design elements denoting the existence of a hyperlink include the use of a contrasting font color (typically blue
• noting that to form a contract under California law, “the parties must manifest their mutual assent to the terms of the agreement.”

Source: CourtListener parenthetical corpus (CC0).