Stover v. Experian Holdings, Inc., No. 19-55204 (9th Cir. 2020)Annotate this Case
The panel held that a mere website visit after the end of a business relationship is not enough to bind parties to changed terms in a contract pursuant to a change-of-terms provision in the original contract. In this case, plaintiff's claims are arbitrable under the 2014 terms of the contract to which she assented. The panel held that, in order to bind parties to new terms pursuant to a change-of-terms provision, consistent with basic principles of contract law, both parties must have notice that the terms have changed and an opportunity to review the changes. Because plaintiff has not alleged that she had such an opportunity, the panel concluded that the 2018 terms did not form a valid contract. Furthermore, the contract permits judicial resolution of claims for public injunctive relief, but plaintiff has not alleged Article III standing for such a claim. Therefore, the panel concluded that the McGill rule does not excuse plaintiff from binding arbitration of her claims against Experian.