In a Facebook app called "SuperPoke! Pets", players
adopted virtual pets and acquired or purchased virtual currency to
buy things for their virtual pets. As one of the first Facebook
apps, the game took off in popularity after its launch in
2008. The game was acquired by Google in 2010, but was eventually
discontinued at the end of 2011, leaving users without access to
their accumulated virtual pets, currency and pet accessories.
Users attempted a class-action suit against Google for
"elimination of users' money, goods and
property."
Google defended the class action by citing the dispute
resolution clause, which compelled arbitration. In Abreu v. Slide, Inc., 12 0042 WHA (N.D. Cal.;
July 12, 2012), the court confirmed that for an arbitration
clause to be unenforceable, it must be both
"procedurally" and "substantively"
unconscionable. Essentially this means that an unenforceable clause
would be oppressive due to unequal bargaining power between the
parties, or would
