No Longer 'Reasonable'? Colorado Appeals Court Wrestles With Constructive Notice Via Emailed Arbitration Agreement
“[B]ecause Americans interface with their financial institutions in different ways from the strictly paper era, who the ‘reasonable person’ is in a digital age needs to be updated,” Judge Sueanna P. Johnson wrote in a concurring statement. “But this standard cannot be updated until laws are changed to reflect the evolving banking norms of Americans by restricting or prohibiting financial institutions from notifying consumers that they have updated terms and conditions in an email concerning one’s monthly statement.”
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