Fanatics Consumer Must Arbitrate Junk Fee Claims, Judge Says

A consumer alleging that Fanatics LLC deceptively promises free or low-cost shipping for online sports merchandise orders must arbitrate his claims because a hyperlink disclosing the company’s terms of service at the checkout page was conspicuous, a federal judge said.

Jake Cavanaugh, the consumer, made multiple purchases and each time was presented with a hyperlink to the terms of use presented in blue and contrasting against the white page, the US District Court for the Eastern District of California said Wednesday. He alleged the company tacked on a “handling fee” of $1.99 to all orders and sought relief under multiple ...