Rich Hill and Enza Hill, on Behalf of a Class of Persons Similarly Situated v. Gateway 2000, Inc., and David Prais

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the question is one of contract formation, and holding that Section 2-207 of Texas UCC, regarding terms added to an existing contract, is irrelevant
• recognizing that the question is one of contract formation, and holding that Section 2-207 of Texas UCC, regarding terms added to an existing contract, is irrelevant
• holding that where customers were sent a copy of the sale agreement with their.computer shipments and failed to return the shipment, the terms of the sale agreement, including the arbitration clause, constituted the parties’ contract
• holding that customers were bound by the defendant’s terms of service, including provisions they did not read, where they ordered a computer over the phone, received the terms of service in the mail along with the shipment, and did not return the product
• holding plaintiffs who skimmed statement of terms accompanying ordered product but not closely enough to discover its arbitration clause were still bound to the terms
• relying on fact that plaintiffs “concede^] noticing the statement of terms [on the box], but den[ied] reading it”

Source: CourtListener parenthetical corpus (CC0).