SCOTUS To Decide Whether Coinbase Sweepstakes Matter Goes To Arbitration

On November 3, 2023, the United States Supreme Court granted a writ for certiorari in Coinbase Inc. v. Suski. Before the Court is the issue of whether silence as to arbitration in Coinbase's Sweepstakes Contest Rules affects the arbitration clause contained in its User Agreement. In general, companies prefer to arbitrate consumer complaints because it is quicker and more cost-efficient than litigation. Coinbase is hoping that the Supreme Court rules that an arbitrator, and not a court of law, should decide which of its two seemingly conflicting dispute resolution clauses controls.

What are the Primary Claims in Suski?

Over two years ago, Coinbase hired a third party to design, market, and implement a cryptocurrency sweepstakes. After reviewing email and website advertisements, Plaintiffs created accounts and executed trades through Coinbase in order to participate in the sweepstakes promotion. Only after completing these steps, however, did Plaintiffs allegedly