Wesley Hunter v. Pre-Paid Legal Services, Inc.

I. FACTUAL BACKGROUND

LegalShield is an Oklahoma corporation that provides legal services to people and small businesses that purchase a membership with the company. (Dkt. 15-3 (“Hudson Decl. ISO Mot.”) ¶ 4.) LegalShield is structured as a multi-level marketing (“MLM”) business; the company recruits individuals to participate in its Associate Program, and these Associates then manage the marketing and selling of LegalShield’s memberships to customers. (Id. ¶ 7.) LegalShield maintains that its Associates are independent contractors, rather than employees, due to its lack of direct oversight of Associates’ operations. (Id. ¶¶ 8–9.) Hunter became a LegalShield Associate on December 12, 2024. (Hudson Decl. ISO Mot. ¶ 16.) LegalShield has submitted evidence that, at that time and all other relevant times, it required new Associates to sign up by completing a series of Start Up Questions. (Id.; Dkt. No. 18-1 (“Hudson Decl. ISO Reply”) ¶ 5.) To complete those Start Up Questions, the user must click a “CONTINUE” button accompanied by the following statement: “By clicking CONTINUE I accept and agree to all the terms.” (Hudson Decl. ISO Reply ¶ 5.) The word “terms” is a…