Ninth Circuit Reminds Businesses: “Clickwrap or It’s Crap”

The Ninth Circuit struck down two more TOS formations this week. In both cases, the panels applied exacting standards when reviewing the screens. You’ve been warned about this risk (many times). Morrison v. Yippee Entertainment, Inc., No. 25-7161 (9th Cir. Nov. 5, 2026) In 2025, the Ninth Circuit held that Yippee’s TOS provided reasonably conspicuous notice, but that decision did not resolve if consumers manifested assent to the TOS. On remand, the district court said there was no assent. On appeal, with a completely different panel of judges than the 2025 panel, the Ninth Circuit agrees. This is the screen in question (the panel opinion doesn’t display it): Citing Godun, the panel says: The sign-in wrap here did not explicitly and unambiguously identify how a user manifested assent to the arbitration agreement. The advisal on Yippee’s webpage said that a user agreed to the terms containing the arbitration agreement by “clicking below,” but there is no unambiguous reference that this…

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