Does your company have website terms of use, or e-commerce terms?

If so, it’s important to know whether those terms are enforceable.

In Domer v. Menard, Inc., Domer wanted to recover a $1.40 pickup service fee for a can of paint she bought on the Menards’ website. In her suit, Domer alleged that Menards had not disclosed the pickup service fee and used the fee to manipulate its prices, and had it been disclosed, she would not have purchased the product. Menards argued that the case should be dismissed because Domer entered into an enforceable arbitration agreement when she accepted the Menards Terms of Order at checkout. For Menards, the question was a critical one—if its Terms of Order applied, then the class action would leave the court and head to arbitration. Continue Reading E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements