Gateway Having Trouble Proving Agreement to Arbitrate
An interesting story surfaced on Slashdot today. A California man has
sued Gateway in small claims court alleging he got a lemon. Gateway is
trying to have the case kicked to private arbitration, per the
arbitration agreement they claim he agreed to.
The customer claims that because the monitor on his Gateway computer
was malfunctioning so badly right out of the box, he couldn't read the
arbitration agreement, let alone "click" the I Agree button. He claims
that during tech support calls, a technician had him bypass the screen
altogether. He also claims there was no written documentation with the
PC that set forth the arbitration agreement.
The original judge agreed with the customer, but Gateway has asked the
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