"That alone is a good sign that these judges don't really think this is a great argument."
No, this is a totally normal thing, at least for the 9th circuit (and a few others). They do not publish all rulings, and they don't designate all opinions as precedential.
The rest is just disagreement with governing law, framed as if the court should have disregarded it and done what you wanted.
"California law requires that the end user makes an affirmative action to accept a TOS agreement in the form of checking a box or clicking a button. Something the court admits the defendant does not do."
This is only true as of July 1st, 2025. So was not in force at the time of this dispute.
"Just showing someone text does not count as accepting the TOS."
During the time, it did, as the court explains pretty well.
It is hilarious that you think this was about clearing a docket.
As a lawyer, I would guess this was literally the last thing they cared about here.
I also happen to think consumers get shafted and am quite happy with california's recent contract law changes, but ...
this ruling is quite clearly reasonable, if not totally correct based on the law as it existed at the time.
No, this is a totally normal thing, at least for the 9th circuit (and a few others). They do not publish all rulings, and they don't designate all opinions as precedential.
The rest is just disagreement with governing law, framed as if the court should have disregarded it and done what you wanted.
"California law requires that the end user makes an affirmative action to accept a TOS agreement in the form of checking a box or clicking a button. Something the court admits the defendant does not do."
This is only true as of July 1st, 2025. So was not in force at the time of this dispute.
"Just showing someone text does not count as accepting the TOS."
During the time, it did, as the court explains pretty well.
It is hilarious that you think this was about clearing a docket.
As a lawyer, I would guess this was literally the last thing they cared about here.
I also happen to think consumers get shafted and am quite happy with california's recent contract law changes, but ... this ruling is quite clearly reasonable, if not totally correct based on the law as it existed at the time.