Second Circuit to Decide If ‘Sign-in Wrap’ Agreements to Arbitrate Are Enforceable

In Meyer v. Kalanick, the U.S. Court of Appeals for the Second Circuit is set to decide whether a “sign-in wrap” agreement to arbitrate with a consumer is enforceable. “Clickwrap” agreements, which require consumers to click on an “I agree” box after being presented with the terms and conditions of using the service, have been enforced by the courts. In contrast, “browsewrap” agreements, which present the consumer with a hyperlink to click to access the terms and conditions on the service provider’s website, have encountered greater resistance. In this article, partner Holly Weiss discusses the Second Circuit’s impending decision and how it could signal a reversal of the trend of liberally favoring enforcement of agreements to arbitrate.