Clickthrough Agreement Upheld–Whitt v. Prosper

20 07 2015

I’m way behind in blogging clickthrough agreement cases, but I’m prioritizing this opinion because of its simplicity. Whitt, who is deaf, sought a loan via a “peer-to-peer lending service” called Prosper. To confirm his identity, Whitt needed to make a phone call. He tried to use a Video Relay Service, but Prosper allegedly refused a call made that way. Whitt claims the refusal violated the Americans With Disabilities Act and related state laws.

To apply for the loan, Whitt allegedly had to agree to Prosper’s Borrower Registration Agreement, which required applicants to click a box adjacent to the bolded text “Clicking the box below constitutes your acceptance ofthe borrower registration agreement.”


The court’s cites include Fteja v. Facebook, Zaltz v. JDate, Nicosia v. Amazon, Starke v. Gilt and others.

Case citation: Whitt v. Prosper Funding LLC, 2015 WL 4254062 (S.D.N.Y. July 14, 2015)


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