Judge Grants Ring, Home Depot Motion to Compel Arbitration

U.S. District Judge John Walter for Central California in Los Angeles granted the motion of defendants Ring and Home Depot to compel plaintiff Alison White’s claims to arbitration, in a Jan. 25 order (docket 2:22-cv-06909). White, an attorney, alleges Ring and Home Depot misrepresented in their ads and marketing materials that Ring’s Jobsite Security 5-Piece Starter Kit, when properly configured, will contact the authorities automatically if a home's security system is breached (see 2212090048). She denied knowingly agreeing to terms and conditions that mandated that all disputes be resolved through arbitration rather than through the courts. But Walter concluded that the Ring terms of service were presented to White “as a fully enforceable modified clickwrap agreement,” and that by buying a Protect Pro subscription on Ring’s website and activating the monitoring settings via the Ring app on her smartphone, she “affirmatively accepted” Ring’s terms, including the arbitration agreement, said his order. Walter similarly concluded the terms and conditions of Home Depot’s Pro Xtra loyalty program through which White bought the Ring starter kit were presented to her “as a fully enforceable modified clickwrap agreement,” and she accepted those terms, including the arbitration agreement, his order said. Though White argues she wasn't aware of the arbitration agreements she signed up for, it’s “well established” in case law it’s of no consequence whether a consumer actually clicks a hyperlink to read the terms containing the arbitration provision, it said. Walter’s order stayed White’s litigation, pending the outcome of the arbitration.