Grosvenor v. Qwest Corp.

854 F.Supp.2d 1021 (2012)

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Nature of the Case

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Facts

Grosvenor (P) alleges that Qwest (D) solicited him to purchase internet service through a 'Price for Life Guarantee,' under which the monthly cost of such service would remain the same as long as P remained a customer. P alleges that D breached its contractual promise to provide service at a fixed price by subsequently raising the rate it charged him for internet service. Pursuant to the Subscriber Agreement the parties are required to arbitrate disputes arising under it and prohibits the maintenance of class actions in cases alleging breach of the agreement. D moved to compel arbitration. Judge Miller directed that the parties 'schedule a trial to determine whether a valid arbitration agreement exists.' The parties proceeded to conduct discovery, and now both parties seek summary judgment on the question of whether there is a binding and enforceable agreement to arbitrate the claims. P first subscribed to D internet service in mid-2006. D sent him a disc containing certain software to install to activate the service. When first opened, the install window contains the title 'Legal Agreements' and states 'Please read the terms including arbitration and limits on D liability at www.quest.com/legal ('Qwest Agreement') that governs your use and D's provision of the service(s) and equipment you ordered from the list below.' To summarize, a user activating D internet service would become aware of the terms of the agreement (and manifest assent) through the following steps: (i) the installation software directs the user to 'Please read the terms . . . at www.quest.com/legal . . . that governs . . . the service(s) and equipment you ordered.'; (ii) the user would navigate to the linked page (the 'legal' page); (iii) the user, installing Qwest high-speed internet service, would then click on the 'High-Speed Internet Subscriber Agreement' link on that page, thus being taken to yet another page; (iv) the user would review that subscriber agreement; and (v) the user would return to the installation software and manifest assent to the subscriber agreement by clicking 'I Accept.' The question, then, is whether these facts constitute 'reasonably conspicuous notice' of the agreement's terms.