Katherien Chabolla, et al. v. Classpass, Inc., et al.

San Francisco, California consumer law lawyers represented the Plaintiff claiming that uato-renewal subscription violated alifornia's Automatic Renewal Law, Unfair Competition Law, and Consumers Legal

Remedies Act.



Like many wishful thinkers, Katherine Chabolla started off 2020 by resolving to improve her fitness and wellness.

So that January, she went online and purchased a trial subscription with ClassPass, a company offering packaged-

deal access to gyms, fitness studios, and fitness classes. Putting many of us to shame, her New Year's resolution

lasted through February. But March brought with it a global pandemic, and California's gyms and studios closed their

doors. ClassPass did not charge Chabolla's account for months, but when operations resumed so did ClassPass's

charges. Chabolla sued, alleging the resumed charges violated California law. ClassPass argues that when Chabolla used its website, she agreed to arbitrate any claims against it.



* * *



Online contracts are subject to the same elemental principles of contract formation as paper contracts. Berman,

30 F.4th at 855–56. "To form a contract under California . . . law, there must be actual or constructive

notice of the agreement and the parties must manifest mutual assent.” Oberstein, 60 F.4th at 512–13 (citing Berman, 30

F.4th at 855).4 A party may manifest assent through conduct. Berman, 30 F.4th at 855. To do so, the party must

intend the conduct and know, or have reason to know, the other party may infer her assent from the conduct. Id.

In the world of internet contracts, there are browsewrap, clickwrap, scrollwrap, and sign-in wrap agreements, each of

which purport to bind users through different "assent” mechanisms. Keebaugh, 100 F.4th at 1014. In a browsewrap, the "user accepts a website's terms of use merely by browsing the site,” although those terms are not always immediately apparent on the screen. Id. (quoting Sellers v. JustAnswer LLC, 289 Cal. Rptr. 3d 1, 15 (Ct. App.

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Kent Morlan, Esq.

Motion to compel arbitration denied.



Affirmed