In a growing trend, courts are refusing to let consumers out of arbitration clauses that include an opt-out provision that would have allowed the consumer to reject the clause within the first month or two of the contract.
As the judges see it, such a contract cannot be deemed a contract of adhesion — in which the consumer was powerless to negotiate any of the terms — because the opt-out provision, if exercised, would allow the consumer to alter the terms.
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