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Law Updates

Court Watch – You’d Better Look Out for the Fine Print on Hyperlinks

fine print

The Florida 3rd District Court of Appeal in Miami ruled the citizens of Miami-Dade County cannot go to a jury trial against a wireless telephone service company if the company sent a text message to a purchaser with a hyperlink that stated the customer was agreeing to arbitration in the event of a dispute.

Metropcs Communications, Inc v. Jorge Porter, 44 FLW D74 (Fla 3rd DCA 2018). Arbitration is generally not a good place for consumers to present their claim against a corporation because it eliminates a jury trial.

In this case, it was alleged that MetroPCS was charging its customer’s sales tax on the full price of mobile phones purchased using a rebate. Mr. Porter wanted a jury trial, but the Court in Miami said he wasn’t entitled to it, even if he unknowingly agreed to arbitration.

So, when you sign agreements, you should not agree to arbitration to resolve disputes, especially if it is with a doctor, hospital or health care provider, because you will be deprived of your constitutional right to a jury trial in the event you are injured due to negligence.

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