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DIX v. ICT GROUP, INC.

No. 77101-4.

161 P.3d 1016 (2007)

Suzy DIX and Jeffrey R. Smith, on behalf of themselves and all others similarly situated, Respondents, v. ICT GROUP, INC., a Pennsylvania corporation; and America Online, Inc., a Delaware corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided July 12, 2007.

Attorney(s) appearing for the Case

James B. King, Spokane, WA, Daniel T. Donovan, John C. O'Quinn, Eugene F. Assaf, Kirkland & Ellis, Washington, DC, Counsel for Petitioners.

Richard W. Kuhling, David Laurence Broom, William John Schroeder, Gregory C. Hesler, Paine Hamblen, Coffin, Brooke, & Miller, Michael David Kinkley, Michael D. Kinkley PS, Spokane, WA, for Respondents.

Shannon E. Smith, Office of the Attorney General, Seattle, WA, Amicus Curiae on behalf of Attorney General of Washington.

Bryan Patrick Harnetiaux, Spokane, WA, Kelby Dahmer Fletcher, Peterson Young Putra et al., Seattle, WA, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

MADSEN, J.

¶ 1 The plaintiffs in this case allege that America Online, Inc. (AOL), unilaterally and wrongfully created and charged them for secondary membership accounts. The plaintiffs brought a putative class suit in Washington courts, alleging, among other things, violations of the Washington Consumer Protection Act, chapter 19.86 RCW (CPA). However, the Terms of Service (TOS) agreement between the plaintiffs and AOL contains a forum selection clause specifying...

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