So-called browsewrap agreements are common on e-commerce websites. But until recently, no state appeals court in California, an epicenter for consumer litigation, had weighed in on what it takes to make such agreements enforceable.
That changed on March 17. The California Court of Appeal for the Second Appellate District held that a browsewrap agreement used by ProFlowers.com, the online florist, is unenforceable. “The hyperlinks and the overall design of the ProFlowers.com website would not have put a reasonably prudent Internet user on notice of [ProFlowers.com’s] Terms of Use,” the court wrote.
