MetroPCS for 1) not informing her of the existence of a contract, and 2) marketing their product with terms like “no contracts” and “never any contracts required.” As the above-linked E-Commerce and Tech Law blog notes, this isn’t the first such case. A few complainants in the past have tried to stop companies from saying no contract, but have been shot down when the defendants proved that the plaintiffs viewed and accepted their terms of service. The plaintiff in this case alleges that MetroPCS never directed her towards the terms of service on its website, and has never seen it at all. The case appears headed for trial. MetroPCS has removed the “no contract” promotion from its website, but that’s likely a temporary measure. I don’t expect the plaintiff to win in this case, but it does raise an interesting question. While it might be accepted industry jargon, using the term “no contract” certainly misleads. Unfortunately, “no long-term commitment” doesn’t sound as flashy. Via Techdirt via dslreports.]]>
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