The U.S. Court of Appeals for the Seventh Circuit last week held that home improvement retailer Menards provided fair notice of its online terms and validly required a customer to resolve through arbitration a claim she brought against the company.
In the underlying case, Pilar Domer purchased a can of paint online but didn’t press a button agreeing to terms. Instead, the retailer’s checkout process had a disclaimer that completing the purchase meant agreeing to a hyperlinked contract that included forced arbitration.