Brett Long, a California resident, bought Mother’s Day flowers for his mother, living in Kansas, from ProFlowers.com. Long thought he was buying a completely assembled bouquet, but the flowers arrived as a do-it-yourself-kit. Long filed suit in California state court against Provide Commerce, Inc., an online retailer and owner of ProFlowers.com. Long alleged violations of California state statutes and sought to bring a class action.
Continue reading “Website’s Browsewrap Agreement Inconspicuous and Unenforceable”
Barnes & Noble, a bookseller with both an online presence and brick and mortar stores, tried to unload discontinued Hewlett-Packard Touchpad tablet computers through its website. Barnes & Noble underestimated the demand, resulting in its cancellation of Kevin Khoa Nguyen’s order of two Touchpads. Nguyen was forced to purchase substitute technology at a higher price. Nguyen brought a class action suit against Barnes & Noble, alleging deceptive business practices and false advertising under both California and New York law.
The Ninth Circuit Court of Appeals recently ruled that eBay’s User Agreement contains both informal descriptions of how eBay’s system works and legally enforceable promises. Marshall Block, an eBay seller, filed a lawsuit against eBay. Block argued that eBay’s Automatic Bidding system violates two statements made by eBay in its User Agreement. eBay’s Automatic Bidding system automatically enters bids on behalf of the bidder until the maximum set by the bidder is reached.
No federal law issues were involved in this case. The federal court system exercised diversity jurisdiction, which occurs when the plaintiff pleads greater than $75,000 in damages and does not share state citizenship with any defendant. The Ninth Circuit applied California state contract law to decide the case.
Continue reading “Not All Statements in eBay’s User Agreement Are Binding Promises”