reasonably prudent person inquiry (Florida) · Go Syfert
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reasonably prudent person inquiry in Florida

5 Florida opinions name it 1 courts 2017–2025 3 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Vitacost.com, Inc. v. McCantsgreen
fladistctapp · 2017 · cited in 4 Florida opinions naming this issue, 2018–2025
2 sentences

2025Such agreements are enforceable only where “the purchaser has actual knowledge of the terms and conditions, or when the hyperlink to the terms and conditions is conspicuous enough to put a reasonably prudent person on inquiry notice.” MetroPCS, 273 So. 3d at 1028 (quoting McCants, 210 So. 3d at 763 ) (quotation marks omitted).

2024Indeed, Eglin argues that the trial 4 so-called browsewrap agreements, for example, courts have asked whether the notice is “conspicuous enough to put a reasonably prudent person on inquiry notice.” Massage Envy Franchising, LLC v. Doe, 339 So. 3d 481 , 484 (Fla. 5th DCA 2022) (quoting Vitacost.com, Inc. v. McCants, 210 So. 3d 761, 762 (Fla. 4th DCA 2017)); see also MetroPCS, 273 So. 3d at 1028 .

14
Metropcs Communications v. Jorge Portergreen
fladistctapp · 2018 · cited in 2 Florida opinions naming this issue, 2024–2025
2 sentences

2025Such agreements are enforceable only where “the purchaser has actual knowledge of the terms and conditions, or when the hyperlink to the terms and conditions is conspicuous enough to put a reasonably prudent person on inquiry notice.” MetroPCS, 273 So. 3d at 1028 (quoting McCants, 210 So. 3d at 763 ) (quotation marks omitted).

2024Indeed, Eglin argues that the trial 4 so-called browsewrap agreements, for example, courts have asked whether the notice is “conspicuous enough to put a reasonably prudent person on inquiry notice.” Massage Envy Franchising, LLC v. Doe, 339 So. 3d 481 , 484 (Fla. 5th DCA 2022) (quoting Vitacost.com, Inc. v. McCants, 210 So. 3d 761, 762 (Fla. 4th DCA 2017)); see also MetroPCS, 273 So. 3d at 1028 .

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Kevin Nguyen v. Barnes & Noble Inc. green
ca9 · 2014
1 sentence

2017Id. at 1176-77 .

12017–2017

Where else courts name it

TX 59 (1924–2026) MD 22 (2000–2022) MI 20 (1966–2026) ID 14 (1965–2013) AL 11 (1920–2004) NC 8 (1985–2019) CA 8 (1951–2025) IA 7 (1938–2014) OK 5 (1935–1990) FL 5 (2017–2025) DE 4 (1989–2021) SD 4 (1975–2019) KY 3 (1922–1999) MO 3 (1939–2014) TN 3 (1997–2019) IL 3 (1988–2013) OH 3 (2002–2009) NE 2 (2001–2008) WA 2 (1945–1976) WI 2 (1995–2025) LA 2 (1954–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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