Summary
The Sixth Circuit held that a consumer formed an enforceable agreement to arbitrate under California law by clicking buttons on LowerMyBills.com after receiving reasonably conspicuous notice of the website’s terms of use. The court concluded that the district court should have granted Rocket Mortgage’s motion to compel arbitration and reversed the order denying arbitration.
Court
United States Court of Appeals for the Sixth Circuit
Jurisdiction
United States Court of Appeals for the Sixth Circuit
Decision date
January 26, 2026
Docket number
No. 24-1910
Disposition
reversed_and_remanded
Questions Presented
- Whether LowerMyBills.com's website presented a reasonably conspicuous hybrid offer under California contract law.
- Whether Dahdah's clicking of the specified website buttons objectively manifested acceptance of the Terms of Use and their arbitration provision.
- Whether the district court or an arbitrator should decide threshold issues concerning the scope or termination of the arbitration agreement.
- Whether the arbitration agreement was unenforceable because it omitted procedural details concerning the arbitration.
Holdings
- LowerMyBills.com's website made a reasonably conspicuous hybrid offer of its Terms of Use, including the arbitration provision, under California law.
- Dahdah accepted LowerMyBills.com's offer by clicking the specified Calculate and Calculate your FREE results buttons.
- The arbitration agreement was not invalid merely because it omitted details such as the arbitration organization, number of arbitrators, and method of selection.
- The agreement delegated threshold arbitrability questions to the arbitrator, including whether the clause covered Rocket's calls and whether the agreement had terminated.
Court Document
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