Hines v. Overstock.Com, Inc.

668 F.Supp. 2d 362 (2009)

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Nature of the Case

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Facts

P purchased a vacuum from D's website. After receiving the vacuum, P returned it to D and was reimbursed the full amount she had paid for it, minus a $30.00 restocking fee. P claims that she had been advised that she could return the vacuum without incurring any costs and that D never disclosed that a restocking fee would be charged. P claims that she 'never had any notice that disputes with D require mandatory arbitration in Salt Lake City, Utah.' P claims that when she accessed D's website to purchase the vacuum, she was never made aware of the Terms and Conditions. P claims that those terms were hidden from here in that if you scroll down to the end of the website page or pages, there is in smaller print placed between `privacy policy' and D's registered trademark, the words `site user terms and conditions*.' P took this class action suit, and D presented motions to dismiss and others to the court.