HINES V. OVERSTOCK.COM, INC.
668 F.Supp. 2d 362 (2009)
NATURE OF THE CASE: Before the Court in Hines (P) class action suit over restocking fees is Overstock's (D) motion to dismiss or stay for arbitration, or alternatively to transfer venue.
FACTS: P purchased a vacuum from D's website. After receiving the vacuum, P returned it to D and was reimbursed the full amount she had paid for it, minus a $30.00 restocking fee. P claims that she had been advised that she could return the vacuum without incurring any costs and that D never disclosed that a restocking fee would be charged. P claims that she 'never had any notice that disputes with D require mandatory arbitration in Salt Lake City, Utah.' P claims that when she accessed D's website to purchase the vacuum, she was never made aware of the Terms and Conditions. P claims that those terms were hidden from here in that if you scroll down to the end of the website page or pages, there is in smaller print placed between `privacy policy' and D's registered trademark, the words `site user terms and conditions*'. P took this class action suit and D presented motions to dismiss and others to the court.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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