Van Tassell v. United Marketing Group, LLC

How courts have described this case

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

• reasoning that the determination of whether a contract is valid “depends on whether the user has actual or constructive knowledge of a website’s terms and conditions”
• refusing to enforce arbitration clause in browsew-rap agreement that was only noticeable after a “multi-step process” of clicking through' non-obvious links
• refusing to enforce arbitration clause in internet agreement that was only noticeable after a “multi-step process” of clicking through non-obvious links
• observing the. importance of the convenience and frequency of references to terms and conditions in determining constructive knowledge for the purposes of a browsewrap agreement
• denying motion where plaintiffs “contend[ed] in sworn declarations that they never saw the . . . Terms and Conditions [mandating arbitration], let alone agreed to be bound by them”
• applying Avery and finding that the complaint alleging a violation of the CFA failed to state a claim because “the circumstances that relate to the disputed transaction did not occur ‘primarily and substantially’ in Illinois”

Source: CourtListener parenthetical corpus (CC0).