Lose your rights by browsing a website?


The United States District Court in Nevada has struck down an especially unfair and sneaky arbitration clause. Paul Bland at Public Justice has an excellent summary of the decision and the clause Zappos attempted to use to avoid coming to court. Zappos' "Terms of Use" provided that if a consumer simply browsed the Zappos website, they agreed to all the "terms and conditions" of the website, including a mandatory arbitration clause requiring the consumer to give up their right to sue for anything and everything. Despite this ruling, many other mandatory arbitration clauses continue make it impossible for victims of consumer fraud to have their day in court.