Technology impacts every aspect of modern life and has become so commonplace that it is hardly noticed. People regularly sign up for on-line accounts, rushing through the preliminary steps and checking all the required boxes to access account services quickly. Most people do not take the time to read the agreements behind the hyperlinks, which often limits a consumer’s rights including the right to a trial by jury of any legal dispute. Courts frequently address the implications of clicking the “I agree” box in an online account.
The Williams case serves as a reminder that online arbitration agreements are enforceable in New Jersey if they are located within a hyperlinked document, are clearly marked in large, bold print, and clearly put users on notice that by checking the box they agree to the contract’s terms. Not reading the terms is not a defense to the enforcement of such provisions.