3 ms·
It sounds very similar to the subscription radio case cited in the ABA article I linked: >in Knutson v. Sirius XM Radio, 771 F.3d 559 (9th Cir. 2014), the term
by will_brown 7y ago
It sounds very similar to the subscription radio case cited in the ABA article I linked:
>in Knutson v. Sirius XM Radio, 771 F.3d 559 (9th Cir. 2014), the terms regarding an automobile’s trial subscription to a satellite radio service were sent to the owner a month after the purchase of the automobile in an envelope marked “Welcome Kit.” The Ninth Circuit refused to enforce the additional terms because there was no mutual assent to the terms. The Ninth Circuit found no evidence that the purchaser of the automobile knew that he had purchased anything from Sirius or was entering into a relationship with Sirius, let alone had agreed to the terms (which contained an arbitration clause). Therefore, continued use of the service by the purchaser did not manifest assent to the terms.
Not exactly on point, and there are other such cases cited in the article that support enforceability...but it’s all going to come down to nitty gritty facts (for example another case found the terms of the change in price were buried in page 4 of an invoice; therefore, unenforceable).