Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster

30 12 2017

We just blogged about online contract formation yesterday, but it’s worth revisiting the topic so quickly because this case demonstrates another crash-and-burn failure of the browsewrap-clickwrap dichotomy. How many times must the “wrap” categorization fail before judges recognize that it’s a complete waste of time?

The plaintiff alleges that Ticketmaster violates the ADA for admission ticket and parking sales for Levi’s Stadium. Ticketmaster seeks to send the case to arbitration. To buy tickets, purchasers needed a Ticketmaster account, which included the following screen (helpfully included in the opinion):



Case citation: Nevarez v. Forty Niners Football Company, LLC, 2017 WL 3492110 (N.D. Cal. Aug. 15, 2017)

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