Starke v. SquareTrade, Inc.’s Empirical Analysis
913 F.3d 279 · 2019
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 15 U.S.C. § 2301 (Magnuson-Moss Warranty—Federal Trade Commission Improvement Act) · 9 U.S.C. § 16 (Federal Arbitration Act) · 9 U.S.C. § 2
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Howsam v. Dean Witter Reynolds, Inc. · At&T Mobility LLC v. Concepcion · AT&T Mobility LLC v. Concepcion · At&T Mobility LLC v. Concepcion
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the context of web-based contracts, we look to the design and content of the relevant interface to determine if the contract terms were presented to the offeree in [a] way that would put her on inquiry notice of such terms.”
3 later decisions quote this exact passage · from the majority“• "[C]licking 'Place your order' does not specifically manifest assent to the additional terms, for the purchaser is not specifically asked whether she agrees or to say 'I agree.' " Id. at 236 . • "Nothing about the 'Place your order' button alone suggests that additional terms apply, and the presentation of terms is not directly adjacent to the 'Place your order' button so as to indicate that a user should construe clicking as acceptance." Id. at 236-37 . • "The message itself-'By placing your order, you agree to Amazon.com's ... conditions of use'-is not bold, capitalized, or conspicuous in light of the whole webpage." Id. at 237 . • "There are numerous other links on the webpage, in several different colors, fonts, and locations, which generally obscure the message." Id. • "[T]he presence of customers' personal address, credit card information, shipping options, and purchase summary are sufficiently distracting so as to temper whatever effect the notification has." Id.”
2 later decisions quote this exact passage · from the majority“through . . . conduct that a reasonable person would understand to constitute assent.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.