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.

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