In 2016, e-commerce will have accounted for just under $400 billion in sales in the United States. This represents an increase of 15% over 2015, and, over the last ten years, an increase from 2.5% of annual retail sales to over 8% of total annual retail sales. That is a lot of shopping. Each transaction includes terms and conditions accessible by hyperlink or by scrolling through a screen with the terms and conditions. How many of the transactions impose arbitration on the consumer? Do the online providers of goods and services inform consumers of the requirement to arbitrate disputes in a manner that reasonably puts them on notice that they have given up the right to resolve disputes in court? Are these online arbitration provisions enforceable?
Jeffrey H. Dasteel, CONSUMER CLICK ARBITRATION: A REVIEW OF ONLINE CONSUMER ARBITRATION AGREEMENTS, 9 Arb. L. Rev. 1 (2017).