Tejon v. Zeus Networks, LLC
Zeus Networks sought to compel arbitration of a Video Privacy Protection Act claim based on a mandatory arbitration clause reachable only through a small, gray, underlined 'Terms of Service' hyperlink placed beneath two large red subscription buttons on its sign-up page. Applying Florida browsewrap law, the Eleventh Circuit held the hyperlink was not conspicuous enough to place a reasonably prudent internet user on inquiry notice, and affirmed the denial of the motion to compel arbitration. Judge Branch dissented, arguing Florida law requires a holistic assessment and that the centrally located, underlined hyperlink adjacent to the action buttons was conspicuous.
Key facts
- Zeus Networks, a video streaming service, sought to compel arbitration of a Video Privacy Protection Act claim brought by Tejon based on a mandatory arbitration clause contained in the company's Terms of Service.
- The arbitration clause was accessible only through a small, gray, underlined hyperlink labeled 'Terms of Service' positioned beneath two large red subscription buttons on Zeus Networks' sign-up page.
- +2 more key facts with a free trial
Why it matters
This is the Eleventh Circuit's most detailed published application of Florida browsewrap/inquiry-notice law (Vitacost.com, MetroPCS, Miami Dolphins) and effectively imports the Ninth Circuit's Berman framework into… — full analysis with a trial
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