Going To Arbitration vs Court (Why To Control The Contract)

Going To Arbitration vs Court (Why To Control The Contract)

A Terms of Service which is “1-click away” on every page, even if a digital agreement was not signed, is still a contractual agreement by its sale from provider and purchase the user. That is why even when WayFair was caught illegally selling bed bug infested goods in Gorny v. Wayfair Inc., No. 18 C 8259, 2019 U.S. Dist. LEXIS 95619 (N.D. Ill. June 7, 2019) the court still ruled that all lawsuits would need to be handled in arbitration rather than as a class action lawsuit due to the company’s website having a "1-click away" Terms of Service page that stated all users are obligated to arbitration. This resulted in WayFair saving millions of dollars and a lot less negative publicity simply because they controlled the contract like we teach in Bulletproof Trust Secrets.

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