Roger Tejon v. Zeus Networks, LLC

── Roger Tejon v. Zeus Networks, LLC ── Court: Court of Appeals for the Eleventh Circuit Date: May 01, 2026 Category: NEW USCA11 Case: 24-11114 Document: 52-1 Date Filed: 05/01/2026 Page: 1 of 25 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-11114 ____________________ ROGER TEJON, individually and on behalf of, all others similarly situated, Plaintiff-Appellee, versus ZEUS NETWORKS, LLC, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cv-20498-PCH ____________________ Before ROSENBAUM, BRANCH, and KIDD, Circuit Judges. KIDD, Circuit Judge: Zeus Networks, LLC, wants to bind Roger Tejon to an arbi- tration agreement found on its internet-based platform. But Zeus USCA11 Case: 24-11114 Document: 52-1 Date Filed: 05/01/2026 Page: 2 of 25 2 Opinion of the Court 24-11114 chose to bury the page containing that agreement behind a hyper- link that itself was written in small, gray text that Tejon did not have to click. This text was located beneath large, red action buttons that Tejon did have to click. Was the hyperlink text enough to put Tejon on notice that clicking on the large, red buttons would subject him to binding arbitration? We find that it was not. I. BACKGROUND Zeus operates an internet-based platform that offers prere- corded video programming to those who subscribe to its services. Roger Tejon visited Zeus’s platform using an Apple iOS device and subscribed to Zeus’s services. When Tejon registered for the account with Zeus, he had to go to a subscription page titled “Choose your plan.” That page pre- sented the user with two large, red buttons: one for an annual sub- scription and the other for a monthly subscription. Beneath those large, red buttons was much smaller, gray, hyperlinked text for “Terms of Service.” The page looked like this: USCA11 Case: 24-11114 Document: 52-1 Date Filed: 05/01/2026 Page: 3 of 25 24-11114 Opinion of the Court 3 Notably, the terms of service hyperlink was among the smallest and least visible text on the page, which also set forth the age re- striction and the auto-renewal payment structure of the subscrip- tion. The terms of service hyperlink led to a different page with a mandatory arbitration clause. After he subscribed, Tejon used his digital subscription to view programming on Zeus’s platform while logged into a social USCA11 Case: 24-11114 Document: 52-1 Date Filed: 05/01/2026 Page: 4 of 25 4 Opinion of the Court 24-11114 media account. Tejon alleges that Zeus shared his viewing history and personally identifiable information with the social media com- pany without his consent. Tejon then sued Zeus for violating the Video Privacy Protection Act, 18 U.S.C. § 2710. Zeus moved to compel arbitration pursuant to its terms of service, and it argued that Tejon consented to the terms of service when he signed up for a Zeus account. After reviewing Zeus’s sub- scription page, th