Sean Wilson, individually and on behalf of all others similarly situated, Plaintiff-Appellee,
Huuuge, Inc., a Delaware corporation, Defendant-Appellant.
and Submitted August 29, 2019 Seattle, Washington
from the United States District Court for the Western
District of Washington Ronald B. Leighton, District Judge,
Presiding D.C. No. 3:18-cv-05276-RBL
Drozd Allen (argued), Stuart R. Dunwoody, Cyrus E. Ansari,
and Benjamin J. Robbins, Davis Wright Tremaine LLP, Seattle,
Washington, for Defendant-Appellant.
D. Andrews, Roger Perlstadt (argued), and Alexander G.
Tievsky, Edelson PC, Chicago, Illinois, for
Before: M. Margaret McKeown and Jay S. Bybee, Circuit Judges,
and Fernando J. Gaitan, Jr., [*] District Judge.
/ Washington Law
panel affirmed the district court's denial of HUUUGE
Inc.'s motion to compel arbitration against a smartphone
Washington law, the panel held that because Huuuge did not
did not unambiguously manifest assent to the terms and
conditions or the imbedded arbitration provision. The panel
held that the app user had neither actual notice nor
bound by Huuuge's arbitration clause in the Terms.
McKeown Circuit Judge.
applications have a ubiquitous presence in our everyday
lives. The question of first impression for our court is
under what circumstances does the download or use of a mobile
application ("app") by a smartphone user establish
constructive notice of the app's terms and conditions?
Inc. ("Huuuge") appeals the district court's
denial of its motion to compel arbitration against Sean
Wilson, a smartphone app user. Because Huuuge did not provide
Wilson did not unambiguously manifest assent to the terms and
conditions or the imbedded arbitration provision. We affirm
the district court's denial of Huuuge's motion to
compel arbitration and to stay proceedings.
is the owner and operator of the smartphone app Huuuge
Casino, which allows smartphone users to gamble with chips to
play casino games. Users can gamble either with a limited
number of free chips or with chips purchased through the app.
Wilson downloaded the app from Apple's App Store in early
2017 and played Huuuge Casino for over a year.
April 2018, Wilson filed this class action lawsuit, alleging
Huuuge violated Washington gambling and consumer protection
laws by charging users for chips in its app. Huuuge moved to
compel arbitration under the Federal Arbitration Act
("FAA"), alleging that Wilson was on inquiry notice
of its ...