New products typically come with warranties. Those warranties
also can include other provisions that affect the consumer's
legal rights such as disclaimers of warranties and arbitration
clauses. These days, products often aren't purchased at a
store. Consumers purchase them with the click of a mouse, and they
are delivered to the front door. How do the terms of a product
warranty come into existence when the buyer never touches the
product until they arrive after the purchase? The Eleventh Circuit
Court of Appeals addressed this question in Dye v. Tamko Bldg.
Products, Inc., Case No. 17-14052 (decided November 2,
2018).
The plaintiffs separately hired contractors to install shingles
on their roofs. The contractors purchased the shingles. The
wrapping for each package of shingles had printed on it a written
warranty that included an arbitration clause and a prohibition on
class arbitration. It also required the consumer to give notice
within 30 days of discovering any
