Thursday, November 9, 2017

Class Action Suit Against Showtime Alleging Faulty Mayweather-McGregor PPV Transmission Headed To Arbitration

A Federal Court judge in the Southern District of New York recently granted Showtime's motion to compel arbitration in a putative class action brought by plaintiff Victor Mallh alleging issues with Showtime's online stream of the Floyd Mayweather vs. Conor McGregor boxing match.

Judge Denise Cote ruled that the online agreement that viewers had to click their consent to before purchasing the bout on PPV, was "reasonably conspicuous and the plaintiff's click gave his unambiguous consent" to the form agreement to arbitrate and class action waiver contained in the Terms of Use (TOU).

Judge Cote also held that "[c]ourts around the country have recognized that an electronic click can suffice the acceptance of a contract . . . as long as the layout and language of the site give the user reasonable notice that a click will manifest assent to an agreement."  By clicking the "I agree" box, that indicated agreement with the TOU, the plaintiff assented to arbitration.

Judge Cote held that Mallh's action was stayed pending the outcome of the arbitration.

There are similar cases regarding the Mayweather-McGregor online stream that are stayed pending the outcome of this case.

See Judge Cote's order below:


See Showtime's Motion to Compel Arbitration or, in the Alternative, Dismiss the Action:

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