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L-R Cristina Villarroel and Isabella DeLaGuardia, Baker McKenzie, Miami. L-R Cristina Villarroel and Isabella DeLaGuardia, Baker McKenzie, Miami.

In a decision the court admitted was an “outlier,” Florida’s Second District Court of Appeals in Doe v. Natt, held that a Texas couple filmed without their knowledge while staying at a vacation rental did not agree to have an arbitrator decide whether their dispute should go to arbitration. The couple, referred to in the suit as the Does, sued the owner of the condominium and the company that provided the booking platform, bringing intrusion and other claims. The company moved to compel arbitration, contending that the Does’ claims were subject to arbitration under the “clickwrap” agreement, and that the trial court did not have authority to consider the arbitrability of the Does’ claims.  The lower court agreed with these arguments, but Florida’s Second District Court of Appeals had other plans for the hotly contested “arcane question” of arbitrability.

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