Affirming the denial of a motion to compel arbitration, the Second Circuit found that an email link to an arbitration agreement did not provide sufficient notice of the arbitration clause to a putative class of consumers.  Schnabel v. Trilegiant Corp., 697 F.3d 110 (2d Cir. 2012) (No. 11-1311).  The consumers enrolled in the vendor’s discount services program online.  The court ruled that an unsolicited email from the vendor to the consumers after enrollment in the vendor’s program did not put the consumers on inquiry notice of the terms enclosed in that email.  Moreover, a consumer’s failure to act affirmatively to cancel the membership would not, alone, constitute assent to the terms of the arbitration clause.