3/31/2023 0 Comments Road runner sports![]() Accordingly, we affirm the trial court’s order denying Road Runner’s motion to compel arbitration. ![]() We disagree this is sufficient under California law to prove consent to or acceptance of an agreement to arbitrate. Although Road Runner concedes O’Connor did not have actual or constructive notice of the arbitration provision, it contends O’Connor created an implied-in-fact agreement to arbitrate when he obtained imputed knowledge of the arbitration provision through his counsel in the course of litigation and failed to cancel his membership. After discovering he had been charged for four years of subscription fees, he joined as the named plaintiff in a class action lawsuit alleging Road Runner had violated California’s Automatic Renewal Law and consumer protection statutes.1 Road Runner asserts O’Connor is bound by an arbitration provision it added to the online terms and conditions of the loyalty program, some three years after he enrolled. He alleges Road Runner did not tell him the loyalty program was an automatic renewal subscription and that his credit card would be charged an annual subscription fee. INTRODUCTION Michael O’Connor signed up for a loyalty program when he bought a pair of shoes and socks from Road Runner Sports, Inc. The Weitz Law Office and Michael Weitz for Defendants and Appellants. APPEAL from an order of the Superior Court of San Diego County, Joel R. 37-202000017100-CU-MC-CTL) ROAD RUNNER SPORTS, INC., et al., Defendants and Appellants. Accordingly, the Court affirmed the trial court’s order denying Road Runner’s motion to compel arbitration.įiled 9/28/22 certified for publication 10/18/22 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SUSAN COSTA, D079393 Plaintiff and Respondent, v. The Court of Appeal disagreed this was sufficient under California law to prove consent to or acceptance of an agreement to arbitrate. Although Road Runner conceded O’Connor did not have actual or constructive notice of the arbitration provision, it contended O’Connor created an implied-in-fact agreement to arbitrate when he obtained imputed knowledge of the arbitration provision through his counsel in the course of litigation and failed to cancel his membership. Road Runner asserted O’Connor was bound by an arbitration provision it added to the online terms and conditions of the loyalty program, some three years after he enrolled. After discovering he had been charged for four years of subscription fees, he joined as the named plaintiff in a class action lawsuit alleging Road Runner had violated California’s Automatic Renewal Law and consumer protection statutes. He alleged Road Runner did not tell him the loyalty program was an automatic renewal subscription and that his credit card would be charged an annual subscription fee. ![]() Michael O’Connor signed up for a loyalty program when he bought a pair of shoes and socks from Road Runner Sports, Inc.
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