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.
Key facts
- LoanFlight Lending, LLC sued Bankrate, LLC in Hillsborough County asserting claims for fraud, unjust enrichment, and declaratory relief related to advertising services.
- Bankrate moved to dismiss based on a forum selection clause in a Master Advertising Services Agreement that it claimed LoanFlight accepted via click-through, supported only by a screenshot and a later-signed Amendment 1 referencing the agreement.
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Why it matters
Practitioners defending or attacking forum selection clauses should note that the Second DCA squarely places the burden of proving contract formation before any presumption of enforceability attaches — filing an… — full analysis with a trial
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