Respuesta :
Because of a carelessly written yellow pages advertising, John Iwen filed a lawsuit against U.S. West Direct. Under the terms of the yellow pages purchase form, which mandated that all disputes between advertisers be settled through arbitration but granted U.S. West Direct the right to file a motion to halt litigation and impose arbitration, U.S.
- West (the publisher) to use legal means to recover money owed to it. Iwen's only option under the arbitration clause was a pro rata refund or reduction of the cost of the advertisement. The language on the order form was created by U.S.
- Any dispute or claim arising from or relating to this Agreement, or its breach, other than an action by Publisher for the recovery of amounts due under this Agreement, shall be settled by final, binding arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association, according to a take-it-or-leave-it clause provided by West Direct. If forced into arbitration, Iwen would not be able to recover compensation for the carelessly created yellow pages ad, nor would he be able to recover compensation for emotional distress suffered and punitive damages for the numerous attempts he made to resolve the issue with the company that were either rejected or ignored.
- Due to a poorly written yellow pages advertising, Iwen filed a lawsuit against U.S. West Direct. According to the yellow pages order form, which required advertisers to settle all conflicts through arbitration but enabled U.S. West (the publisher) to pursue court remedies to collect money owing to it, U.S. West Direct filed a motion to halt litigation and force arbitration. Iwen's only option under the arbitration clause was a pro rata refund or reduction of the cost of the advertisement. U.S. West Direct wrote the order form text on a take-it-or-leave-it basis, and it was expressed in part.
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