Litigation & Arbitration
Mar. 31, 2026
Ruling may reshape how retailers present online arbitration terms
A federal judge in San Diego denied Abercrombie & Fitch's bid to compel arbitration, finding Hollister's checkout design failed to give reasonably conspicuous notice of its terms, and allowed a California consumer pricing class action to move forward.
A federal judge in San Diego ruled Monday that Hollister's online checkout page did not adequately inform a California shopper that clicking "Submit Order" would bind her to arbitration, a decision that could reshape how retailers present dispute-resolution terms in e-commerce.
U.S. District Judge James E. Simmons Jr. denied Abercrombie & Fitch Trading Co.'s motions to compel arbitration, dismiss class claims and stay a putative class action alleging deceptiv...
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