DeFontes v. Dell, Inc.

Dell (defendant) included a terms-and-conditions agreement with computer purchases stating that accepting delivery meant agreeing to all terms, including arbitration, but never explicitly stated that customers could reject those terms specifically by returning the computer, even though a separate satisfaction policy did allow returns; DeFontes and other purchasers (plaintiffs) sued Dell in a class action over allegedly improper taxes on service contracts, and Dell moved to compel arbitration under the terms-and-conditions agreement. The hearing justice denied the motion, and Dell appealed.