Consumer Had Notice of Arbitration Agreement on Double-Sided Contract, Judge Rules
"The front side of the 2022 and 2023 contracts contains a disclaimer that an arbitration provision and jury trial waiver are incorporated by reference. Thus, the arbitration provision was incorporated by reference even if plaintiff did not see it," said U.S. District Judge Max O. Cogburn Jr. of North Carolina.
December 31, 2024 at 11:39 AM
4 minute read
A federal judge in North Carolina sided with a home furniture store Monday, finding a consumer had constructive notice of an arbitration provision and class-action waiver that was printed on a double-sided contract.
On Monday, District Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina dismissed claims brought by Gary Surgeon that accused Farmers Home Furniture of state debt collection and deceptive trade violations for charging a $4 "pay-to-pay" fee on his monthly installment payments. The defendant pointed to its arbitration provision in four contracts signed by Surgeon. The plaintiff argued that the provision was invalid, because he did not see the arbitration clause on the back of the double-sided contracts, and he disputed whether it was even included.
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
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