Arbitration Agreements In Calif. Require Consumer Assent

Law360, New York (March 14, 2017, 4:33 PM EDT) -- Jay Bogan

  C. Allen Garrett, Jr. Technology advances. Business processes evolve. Contract formation, however, remains an old-fashioned concept. A party must have notice of and actually assent to a contractual provision to be bound by it. Where a service provider includes an arbitration clause in a warranty brochure in a box containing the purchased product, and where nothing on the face of the box called the consumer’s attention to the existence of the arbitration clause, the consumer — according to the Ninth Circuit — is...
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