Firm Obtains Order Enforcing Scopely’s Arbitration Clause and Class Action Waiver, Ending Proposed Class Action Targeting Star Trek Fleet Command

On January 25, 2022, Judge Claire C. Cecchi of the District of New Jersey issued an opinion and order granting Scopely’s motion to compel arbitration in a putative class action brought by a Star Trek Fleet Command player, staying the case and requiring Plaintiff to pursue his claim, if at all, in individual arbitration.  In its written opinion, the Court concluded that Scopely’s Terms of Service “unambiguously establish[] that a user of [the game] must resolve any dispute through arbitration.”  Significantly, the judge concluded that Scopely’s notice of its Terms on the game’s launch screen is “reasonably conspicuous” and put Plaintiff on constructive notice of the Terms.  The Court rejected Plaintiff’s argument that he never read the Terms, citing evidence that Plaintiff had actual notice of the Terms before he filed suit and noting that, because Scopely’s Terms make clear that continued gameplay constitutes assent to the Terms, he was bound by them.  The Court also rejected Plaintiff’s myriad other challenges to the Terms, including arguments that they were ambiguous, did not cover all of his claims, and were procedurally unconscionable, observing that “Plaintiff’s decision to play the game was motivated by his Star Trek fandom, not due to any economic compulsion or necessity.”  Accordingly, the Court granted Scopely’s motion to compel, administratively terminating and staying the case pending individual arbitration.

Here's a link to the Court’s opinion granting Scopely’s motion to compel arbitration.