Duick

Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota), and Saatchi & Saatchi North America, Inc. (Saatchi), appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick’s claims. We affirm because the putative contract is void on account of fraud in the inception.

BACKGROUND

Duick’s claims arise from her apparently unwitting participation in an Internet-based advertising campaign launched by defendants in connection with Toyota’s Matrix automobile. The campaign, known as “Your Other You,” “consisted of sending an unwitting recipient emails from an unknown individual.” During the campaign, any visitor to the Toyota Matrix Web site (player 1) could designate another person (player 2) for participation in the Your Other You “interactive experience.” Player 2 would then receive an e-mail purportedly from player 1, inviting player 2 to click a hyperlink that was in some manner “identified with Toyota.” The link would direct player 2 to a Web page entitled “Personality Evaluation,” which displayed a drawing of a door with the word “Begin” underneath. Clicking on the door would direct player 2 to a second Web page entitled “Personality Evaluation…