Consumer Suit Over Internet Contract May Go Forward
Consumers who bought Wi-Fi connections on domestic air flights from the company "Gogo" can pursue their claim that they were tricked into automatic monthly renewals billed to their credit cards, a federal judge has ruled.
April 13, 2015 at 06:21 AM
4 minute read
Consumers who bought Wi-Fi connections on domestic air flights from the company “Gogo” can pursue their claim that they were tricked into automatic monthly renewals billed to their credit cards, a federal judge has ruled.
Eastern District Judge Jack Weinstein also said that plaintiffs seeking to prosecute a class action are not bound by mandatory arbitration and waiver of venue provisions merely because they signed up on the Gogo website to use the service.
“Sometimes forgotten in the Internet Age, where contracts of adhesion are often the rule for online consumers, is the essential element of contract formation: mutual manifestation of assent,” Weinstein said in Berkson v. Gogo LLC, 14-CV-1199
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