If you're like us—and most others, we'll venture
to guess—you've never read all the terms and conditions
of the iTunes end-user license agreement.
We doubt that it's a scintillating read, but, regardless,
most consumers don't slog through these contractual tomes
because they have better things to do.
Apple and others in the world of e-commerce know this, but they
need to rely on some form of contract for their services, so the
struggle begins to create a binding contract (where a purchaser
"receives reasonable notice of those terms") when the
purchaser doesn't devote the time or attention to reading the
essential terms.
The Seventh Circuit's recent decision in
Sgouros v. TransUnion Corp., No. 15-1371 (7th Cir. March
25, 2016), decided under Illinois law, is a cautionary tale for
those that operate in this digital realm. The court declined to
enforce an arbitration provision because that term was buried at
the bottom of a scrollable window (and not immediately
