Missouri Court of Appeals, Eastern District / Jun 29, 2021
Breanna Rose, Respondent, vs. Santiago E. Sabala, Jr., Respondent, and Verizon Communications, Inc., Appellant.
Plaintiff Breanna Rose sued Verizon after a store employee allegedly transferred nude images from her phone to his email during an exchange. Verizon moved to compel arbitration based on a 2015 store receipt referencing an online Customer Agreement. The trial court denied the motion, finding the arbitration provision unconscionable and an unenforceable contract of adhesion. The appellate court affirmed, holding that the arbitration provision was an unenforceable contract of adhesion because it did not comport with the reasonable expectations of the parties, especially regarding personal matters and privacy claims arising years later from a separate transaction.