In a recent unpublished opinion, the New Jersey Appellate Division held that a minor can be bound by an arbitration agreement. Clare v. ACT, Inc. (N.J. App. Div., October 26, 2020). 

Plaintiff took the ACT college admissions test several times. A dispute arose concerning Plaintiff’s scores. The trial court invalidated ACT’s arbitration clauses on multiple grounds including Plaintiff’s age (he was 17 when he took the second test and 18 when he took the third test). 

The Appellate Division reversed. 

As to Plaintiff’s age, the Court stated:

“[W]e disagree that, under these circumstances, a minor cannot be bound to an arbitration agreement. As described, Brendan was informed of defendant’s contractual terms and conditions at the time of registration for the exam, and twice on testing day. There was no time pressure to complete the registration process; a registrant had all the time he or she needed to review the terms and conditions and inquire of a parent or other adult the meaning of its provisions. Brendan’s age alone is insufficient to void the arbitration agreement.” (Opinion at 14.)

Should you wish to discuss this matter further please contact Shalom Stone, Stone Conroy, sstone@stoneconroy.com or 973-400-4182.