A recent Ninth Circuit decision centered on something most
consumers use many times every day: smartphone apps.
In Wilson v. Huuuge, Inc., the Ninth
Circuit affirmed the denial of defendant Huuuge's motion to
compel arbitration against a user of its smartphone casino app.
Addressing a question of first impression, the Court considered the
circumstances under which an app user who downloads or uses an app
can be said to have constructive notice of the app's terms and
conditions. The Court ultimately held Huuuge failed to provide
reasonable notice of its app's Terms of Use, which included an
embedded arbitration provision, and thus the app user was not bound
to the terms. Huuuge owns and operates a casino app where
smartphone users can gamble or play casino games using limited free
chips or chips purchased on the app. In April 2018, a user who
downloaded and began using the app in early 2017 commenced a class
action lawsuit alleging Huuuge was violating Washington
