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TransUnion appeals online contract ruling to 7th Circuit – Thomson Reuters

Joe Balice was quoted in Melissa Sachs Thomson Reuters article “TransUnion appeals online contract ruling to 7th Circuit.”

Here is an excerpt from the piece:

Joe Balice, a partner at Brutzkus Gubner in Los Angeles who is not involved with the case, explained there are two competing forces when courts are asked to uphold arbitration clauses in online contracts.

Generally, courts favor arbitration clauses because they save judicial resources.

“That said, many courts are wary of enforcing arbitration clauses that deprive unsophisticated consumers of their right to trial and only do so when there is a clear contractual agreement to arbitrate,” according to Balice.

For online contracts, he said, this means deciding whether a customer agrees to terms presented on webpages — whether in scrollable windows or with click boxes.”

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