An arbitration clause referenced in a business services agreement signed by an Internet services subscriber is enforceable under the Federal Arbitration Act, a district court ruled. The court rejected the argument that the clause was not binding because the subscriber was not given a physical copy of the document in which it was contained, noting that the document containing the clause and the location of the document on the Internet service provider's Web site were expressly referenced in the business services agreement. The court also rejected the argument that the FAA was inapplicable because the agreement did not involve an interstate commerce, finding that an agreement for the provision of telecommunications services, including telephone and Internet service, involves interstate commerce.
Manard v. Knology Inc., 2010 U.S. Dist. LEXIS 60629 (M.D. Ga., June 18, 2010) Download PDF