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)…. Read more
