Hubbert v. Dell Corp.
Illinois Appellate Court
835 N.E.2d 113 (2005)
- Written by Sean Carroll, JD
Facts
Dewayne Hubbert and others (collectively, the purchasers) (plaintiffs) bought computers from Dell Corporation (defendant) through Dell’s website. While completing their purchases, the purchasers clicked through five webpages that contained a blue hyperlink to Dell’s terms and conditions. On three of those pages, text appeared stating, “All sales are subject to Dell’s Terms and Conditions of Sale.” The terms and conditions contained a binding-arbitration clause. The purchasers filed a putative class action against Dell for false advertising regarding its computers’ microprocessors. Dell filed a motion to compel arbitration on account of the clause in the terms and conditions. The trial court held that Dell’s terms and conditions did not become a part of the parties’ contract because the purchasers did not formally assent to being bound. Further, the trial court held that even if the terms and conditions did become part of the agreement, they were unconscionable. Accordingly, the trial court denied Dell’s motion to compel. Dell appealed.
Rule of Law
Issue
Holding and Reasoning (Hopkins, J.)
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