This case involved a twist on the classic "shrinkwrap"
agreement. Here, plaintiff homeowners brought a putative class
action seeking damages and declaratory relief on behalf of a class
of building owners who had used Tamko shingles. In response, Tamko
filed a motion to compel arbitration, contending that by unwrapping
and retaining its shingles, the homeowners had accepted the terms
of its purchase agreement and warranty which were both
printed—in full—on the outside wrapper of every shingle
package. Specifically, each package wrapper displayed the
all-capped word "IMPORTANT" and warned the purchaser in
all caps to "READ CAREFULLY BEFORE OPENING [THE] BUNDLE."
The warranty also contained a mandatory arbitration clause, which
was similarly printed in capital letters on the outside of every
shingle wrapper and specified that any action against Tamko must be
arbitrated individually rather than as part of a consolidated or
class action. The district court granted Tamko's
