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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/relwcc0005 and id is 1 raw text is: CONSUMER CONTRACTS (DRAFTS) Reporters' Introduction Mass.2021. Rptrs' Intro. quot. in sup. (quoting Rptrs' Intro. of T.D. 2019). Registered users of transportation-service application sued provider of application, alleging that defendant violated state statutes when its drivers refused service to user who was blind and was accompanied by a guide dog. The trial court denied defendant's motion to confirm an arbitration award issued in its favor and granted plaintiffs' motion for reconsideration on the issue of whether plaintiffs' claim was subject to arbitration. This court remanded, holding that defendant was not entitled to arbitration, because plaintiffs did not have reasonable notice of the arbitration provision contained within defendant's terms and conditions when they registered an account to use the application. Citing the Reporters' Introduction to the Restatement of the Law, Consumer Contracts (T.D. 2019), the court observed that lengthy standard-term contracts in digital form, such as defendant's terms and conditions, made it practically impossible for regular consumers to scrutinize the terms and evaluate them prior to manifesting assent. Kauders v. Uber Technologies, Inc., 159 N.E.3d 1033, 1052-1053. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI

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