Plaintiff in Showtime PPV Snafu Suit Fights Arbitration Argument

Showtime's class-action waiver in its terms of use is "buried" behind hyperlinks on the company's website, with none indicating the user is agreeing to a class waiver, plaintiff Victor Mallh said in a docket 1:17-cv-06549 memorandum (in Pacer) filed Friday in U.S. District Court in Manhattan. Mallh, of New York, filed the putative class-action complaint in August after paying to watch the Mayweather vs. McGregor pay-per-view boxing match, unable to watch much due to Showtime technical problems. The memo, in opposition to Showtime's motion (in Pacer) earlier this month to compel arbitration, said the hyperlinks were all gray on a black background and indistinguishable from the rest of the site, and the class waiver doesn't appear until the 15th page of a hyperlink. The programmer didn't comment. It's facing similar litigation in federal courts in Oregon (see 1708280046) and California.