'Subway says that when Soliman signed up for discount sandwiches, she also agreed to a side order of arbitration. 'Plaintiff Marina Soliman wanted a good deal on a Subway sandwich,' U.S. Furthermore, the fine print only vaguely referenced the terms and didn't make it clear to customers that they would be agreeing to those terms simply by texting to get a free sandwich, the court said. For one, Subway used a 'significantly smaller' font for those terms and conditions than the rest of the advertisement and surrounded them with unrelated information. Court of Appeals for the Second Circuit said Soliman wasn't bound by those terms and conditions under California law for several reasons.
The clause was laid out in the sandwich promotion's terms and conditions published on the chain's website-the only way for a customer to read it was to take the extra step of visiting the web address that appeared on the sandwich advertisement. Subway says that by opting into the free sandwich promotion, Soliman agreed to an arbitration clause and effectively signed up for the chain's promotional text messages. RELATED: America's Largest Fast-Food Chain Is Taking a Harsh Stance Against FranchiseesĪfter continuing to receive further promotional materials from Subway on her phone, Soliman texted the company back and asked them to stop, but alleges she was ignored.
