Schlueter-Beckner v. Simplisafe, Inc.

Summary

The court held that Plaintiffs did not form arbitration agreements through the hardware-purchase webpage or the first two alarm-monitoring trial webforms because the notices were not reasonably conspicuous and did not clearly identify the assent-producing action. The court held that Schlueter-Beckner did form an arbitration agreement through a later Terms of Service webform and clearly and unmistakably delegated arbitrability to the arbitrator. The court therefore affirmed in part, reversed in part, and remanded with instructions to compel arbitration of Schlueter-Beckner’s claims subject to the arbitrator’s determination of scope.