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Nguyen v. Barnes & Noble, Inc.
''Nguyen v Barnes & Noble, Inc.'' (D.C. No. 8:12-cv-0812-JST) was a United States Court of Appeals for the Ninth Circuit decision in which the Court ruled that Barnes & Noble's 2011 Terms of Use agreement, presented in a browsewrap manner via hyperlinks alone, was not enforceable since it failed to offer users reasonable notice of the terms. The decision set an important precedent on the future design and presentation of online contracts for consumer-facing e-commerce sites.
== Background ==
In August 2011, national bookseller Barnes & Noble advertised and held an online "fire sale" of Hewlett-Packard Touchpads. In response, Kevin Khoa Nguyen bought two of the touchpads on the Barnes & Noble website and received an email confirmation of the purchase. The next day, Nguyen received an email from Barnes & Noble stating his order had been cancelled because of unexpectedly high demand. Nguyen alleged that, as a result of this delayed cancellation, he was unable to obtain the HP tablet he wanted and was forced to purchase a more expensive alternative tablet.
In April 2012, Nguyen and (two other consumers whose Touchpad orders had been cancelled) filed a class action lawsuit in California Superior Court against Barnes & Noble for "deceptive business practices" and "false advertising." Barnes & Noble moved the case to the federal court and motioned to compel arbitration under the Federal Arbitration Act (FAA), alleging that Nguyen was subject to the arbitration agreement in Barnes & Noble's Terms of Use.
The district court denied Barnes & Noble's motion to compel arbitration, and Barnes & Noble subsequently appealed. The Ninth Circuit ultimately affirmed the district court's decision.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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