Jeff Kosseff writes:
The Ninth Circuit recently issued two opinions addressing whether companies should require customers to explicitly agree to key provisions of user terms and other policies.
On Monday, a unanimous three-judge panel issued an opinion in Knutson v. Sirius XM Radio. In this case, the plaintiff purchased a Toyota that included a trial subscription to Sirius. About a month after his trial subscription began, he received a Welcome Kit that included a customer agreement with an arbitration clause.
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