Sunday, June 10, 2007

Entering an Agreement But Not Being Able to Read It?

An interesting story is over on Techdirt about Gateway asserting a customer is bound by an agreement he wasn't able to read, even if he had desperately wanted to.

Gateway is attempted to force a customer who couldn't get his broken PC (which wouldn't display anything on the monitor) to work into arbitration because the agreement between them (EULA) contained an arbitration clause. There's only one problem with that theory.

The monitor was broken! Like I said, the customer, wasn't even able to see the agreement! Thankfully, the court sided with the customer and ruled that the customer had compelling evidence proving he had never read the agreement.

This is just another case of a company attempting to stretch EULA's much farther than they legally should be "stretchable".


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