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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]