For an arbitration agreement to be enforceable, the parties must
have a reasonable opportunity to understand its terms.
See Fagerstrom v. Amazon.com, Inc., 141 F. Supp. 3d 1070
(S.D. Cal. 2015). With this principle in mind, the U.S. Court of
Appeals for the Ninth Circuit commented in 2006, regarding the
enforceability of an arbitration clause that was prominent in a
contract, "You'd have to be blind to miss this
warning. There was no surprise here." Nagrampa v.
MailCoups, Inc., 469 F.3d 1257, 1309-10 (9th Cir. 2006) (en
banc) (emphasis added). But what if the plaintiff in
Nagrampa had been blind, or was otherwise unable
reasonably to read, or to understand, or to appreciate the
significance of the arbitration clause by virtue of a disability or
a more temporary impairment?