NANCY WOLLEN VS. GULF STREAM RESTORATION AND CLEANING, LLC, ET AL. (L-0900-18, OCEAN COUNTY AND STATEWIDE) (A-1107-20)
In this appeal, the court considered an internet-based company's method of communicating its terms and conditions in the ever -evolving arena of online consumer contracts. At issue is the validity of an arbitration provision embedded in those terms and conditions that "could" be accessed via a hyperlink before plaintiff submitted her request for defendant's services. Because the defendant company did not demonstrate that the consumer plaintiff was on notice of the arbitration provision prior to submitting her service request through the website, the court held defendant failed to establish plaintiff was aware of the arbitration provision.
Applying a fact-intensive inquiry, the court held plaintiff did not knowingly and voluntarily agree to waive her right to resolve her disputes in court. Accordingly, the court reversed the order under review that enforced arbitration, and remanded for reinstatement of the complaint
