U.S. District Judge Joan Gottschall agreed with Microsoft that its arbitration provision was valid and overcame a class action bid. She wrote that the plaintiff had clicked through agreeing to the MSA at least once, and possibly as often as three times.
This decision reinforces the value of an arbitration provision to ward off class action cases. Secondly, more broadly, it underscores the importance of having users unambiguously agree to accept online agreements by clicking through, rather than merely providing notice.