Long v. Provide Commerce, Inc.

Opinion

JONES, J. *

INTRODUCTION

Defendant Provide Commerce, Inc. (Provide), appeals from an order denying its petition to compel arbitration of certain consumer fraud claims brought by plaintiff Brett Long (Plaintiff) on behalf of himself and a putative class of California consumers who purchased flower arrangements through Provide’s Web site, ProFlowers.com. Provide sought to compel arbitration based on a provision contained in the company’s “Terms of Use,” which were viewable via a hyperlink displayed at the bottom of each page on the ProFlowers.com Web site.

The Terms of Use on ProFlowers.com…