An arbitration clause contained in a trial subscription’s welcome kit was held unenforceable for lack of mutual assent.  Knutson v. Sirius XM Radio Inc., 771 F.3d 559 (9th Cir. 2014) (No. 12-56120).  A consumer purchased a car that included a 90-day trial subscription to a satellite radio system.  A month after the trial subscription was activated, the consumer received a welcome kit that contained a customer agreement for the subscription that included an arbitration clause.  When the consumer subsequently attempted to bring a TCPA class action against the satellite radio system provider for making unauthorized phone calls, the provider sought to enforce the arbitration clause.  The court held, however, that the arbitration clause was unenforceable because the consumer never assented to the Customer Agreement.  The court concluded that a reasonable person in the consumer’s position could not be expected to understand that purchasing a vehicle would simultaneously bind him to a contract with the satellite radio system provider, let alone one that contained an arbitration provision.  Even though the consumer continued to use the trial subscription service after receipt of the contract, that did not manifest assent to the provisions in the Customer Agreement because the consumer had not purchased anything from the provider or even knew he was entering into a contractual relationship with the provider.