Brennan

FACTS AND PROCEDURAL HISTORY

According to the complaint and plaintiff‟s declaration, in February 2008 plaintiff entered into an “Account Agreement” and “Service Contract” (collectively Service Contract) for defendant to provide telecommunication services; the term of the contract was two years. Plaintiff received six documents comprising the Service Contract, none of which contained an arbitration provision. The arbitration provision is in a document entitled “Terms and Conditions” (Terms and Conditions). Plaintiff declares that at the time he executed the Service Contract he did not receive the Terms and Conditions nor did defendant “call [his] attention to it.” During the term of the Service Contract plaintiff, unhappy with defendant‟s services, contacted a representative who advised him a contract could be terminated if the customer gave written notice to defendant within 60 days of expiration of a term. Plaintiff gave such notice in January 2010. His declaration states that, despite the notice, the Service Contract automatically renewed. When he spoke to a representative about

2 cancellation in June 2010, that was the first time he was informed about the Terms and…