Florida Cases To Watch In 2022
Litigation attorney Brian Briz was quoted in Law360 about a dispute between Airbnb and a Texas couple who allege they were secretly recorded while vacationing at a condo they found on Airbnb's short-term rental platform. The plaintiffs say their claims fall outside the arbitration provision in their contract with Airbnb. Florida's Second District Court of Appeal in March 2020 ruled that a "clickwrap" agreement — used on the internet to propose contractual terms to a user — by Airbnb was not enough to show that the parties had "clearly and unmistakably" agreed to delegate questions of arbitrability to an arbitrator.
Mr. Briz commented that if the Florida Supreme Court affirms the Second District's decision, the fix is relatively easy. However, the damage may be in the state's reputation as an arbitration hub.
"There may be some jockeying with cities that are trying to compete with Miami," he said. "That may be used against us. They may say 'we're more arbitration-friendly here in Atlanta than Miami.'"
The case is Airbnb Inc. v. Doe et al., case number SC20-1167, in the Supreme Court of Florida.
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