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A company’s standard terms and conditions of sale may not control unless the customer has had an opportunity to review them in advance of delivery

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 29 2008

An Illinois Appellate Court recently upheld a finding of procedural unconscionability of an arbitration clause contained within a “Customer Agreement” where the parties were in disparate bargaining positions, the agreement was a pre-printed form contract, the agreement was not mailed to the consumer until after she had already purchased satellite television equipment and contracted for satellite service, and the consumer was left with no “meaningful choice” in deciding whether to accept certain portions of the agreement