Felter

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROBERT FELTER, et al., Case No. 21-cv-04187-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION

DELL TECHNOLOGIES, INC., Re: Dkt. No. 32 Defendant.

Felter and Washington assented to the arbitration provision in Dell’s Terms of Sale when they clicked “Accept” on the start-up screen of their computers. Although there are reasonable arguments that the arbitration agreements should be invalidated, the parties clearly delegated the question of enforceability to the arbitrator, and so those issues are for the arbitrator to decide.1 Felter and Washington argue that, notwithstanding their acceptance of the Terms of Sale, no contract was formed because “the writing [did] not appear to be a contract and the terms [were] not called to the attention of the recipient.’” Marin Storage & Trucking, Inc. v. Benco Contracting & Engineering, Inc., 89 Cal. App. 4th 1042, 1049–50 (2001). In Norcia v. Samsung Telecommunications America, LLC, the Ninth Circuit applied this rule to hold that a consumer was not bound by an arbitration agreement contained in a brochure entitled “Product…