Terms E-mailed to Internet Customer After Purchase Are Insufficient To Create Binding Agreement to Arbitrate
By Liz Kramer on
Posted in Validity of Arbitration Agreement
In a fascinating decision, the Second Circuit has ruled that an internet merchant cannot compel arbitration with a consumer, when it only emailed the consumer the arbitration agreement after the consumer agreed to the purchase, without any requirement that the consumer affirmatively assent to the term.
In Schnabel v. Trilegiant Corp., __ F.3d __,…