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Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Property Rights Denied!
Protecting HOA Members' Rights is NOT The #1 Priority
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The High Price of Managed Living, Books and Records Hidden
gives appearances of impropriety
Editorial Feature: Part One - Are Homeowners' Rights a Myth? 

Part Two: HOA Bureaucrats Overstep Their Authority

Compelling Arbitration - No Class Action
Monday, 09 April 2012

Buyer Had Adequate ‘Clickthrough' Notice of Terms
An AT&T customer will have to arbitrate claims individually, rather than pursue class claims in court, after a federal court decided March 26 that an online “clickthrough” process provided adequate notice of an arbitration agreement.
  The plaintiff, Richard Sherman, sought to litigate an overcharge claim against AT&T Inc. in federal district court on behalf of a class...The online registration notice to the plaintiff did not explicitly mention the arbitration clause, the court acknowledged. But it did say, “other conditions and restrictions apply,”

Buyer Had Adequate ‘Clickthrough' Notice of Terms

 An AT&T customer will have to arbitrate claims individually, rather than pursue class claims in court, after a federal court decided March 26 that an online “clickthrough” process provided adequate notice of an arbitration agreement.

The plaintiff, Richard Sherman, sought to litigate an overcharge claim against AT&T Inc. in federal district court on behalf of a class. He had purchased residential internet service from AT&T over the phone, but prior to activating the service the plaintiff had to register online. There, he clicked a box that agreed to the terms of service, which provided for arbitration of disputes. AT&T moved to compel arbitration.

The plaintiff argued that the arbitration provision did not apply because he never agreed to it, and he was unaware of its terms in any event. Judge Virginia M. Kendall of the U.S. District Court for the Northern District of Illinois disagreed and compelled arbitration.

The online registration notice to the plaintiff did not explicitly mention the arbitration clause, the court acknowledged. But it did say, “other conditions and restrictions apply,” and it required the plaintiff to click his acceptance of the terms in order to proceed. The court also rejected arguments that the contract was procedurally unconscionable and lacked mutuality (Sherman v. AT&T Inc., N.D. Ill., No. 1:11-cv-05857, 3/26/12). Sherman v. AT&T
 
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