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Fridge failures: LG says angry owners can't sue, company points to cardboard box
(www.nbcbayarea.com)
This is a most excellent place for technology news and articles.
Lol.
Any judge worth his salt will ask LG for proof the consumer agreed to arbitration.
LG will say that by opening the box they agreed to the terms, Microsoft started that one.
That's not proof.
What if the delivery company opened it? What if the consumer didn't see it?
Prove the consumer read it. LG has no signed document, nothing, proving the consumer read and agreed to this.
A software license is different - when installing you click on a button saying "I agree".
There has been legal precedent that terms of use are not legally binding since they don't expect customers to read it before clicking the I Agree button. They have made the agreements so long and put them in everything that they concluded there is no possible way anybody would ever read all of it for everything.
Not only that, but your average consumer isn't very well versed in legalese to actually understand everything in them.