The Eighth Circuit Court of Appeals has ruled that a pop-up window is insufficient to demonstrate that an arbitration clause was “clearly communicated” to users during the contract signing process. The appellate court identified multiple issues with the defendants’ use of a pop-up window, such as obscurity in locating the arbitration clause, the number of clicks required to access it, and any potential changes made to the website since the user’s agreement. These inadequacies were deemed to undermine the clarity and transparency necessary for enforcing arbitration clauses.
For further details, you can access the original text of the ruling on the court’s official website.