LoanFlight Lending, LLC v. Bankrate, LLC
LoanFlight sued Bankrate in Hillsborough County for fraud, unjust enrichment, and declaratory relief; the trial court dismissed based on a New York forum selection clause in an unsigned, undated Master Advertising Services Agreement that Bankrate claimed LoanFlight accepted via a click-through, supported only by a screenshot and a later-signed Amendment 1 reciting the MASA's existence. The Second DCA reversed, holding that the antecedent question of contract formation (mutual assent) was genuinely disputed and required an evidentiary hearing before dismissal for improper venue.
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