Baker Case

In 2003 after reading the terms in the agreement that accompanied her new Windows XP and Norton Antivirus software Cathy Baker, a California resident, decided against accepting the terms that she was unable to view prior to purchasing the products. When she attempted to return the products to CompUSA for a refund, as the terms directed her to do, she was told that refunds were not possible once the package had been opened.

Unlike most customers Ms. Baker found a lawyer and sued. She was joined by several other plaintiffs and the case was ultimately settled after mediation. Each of the companies involved were required to make changes to their business practices, at least in the state of California.

For more details and comments on this case, click here.


To see how Stop Before You Click’s 12 Principles address the issues of disclosure of terms and the right to a refund, look at Principles I, II and IV.

I. Customers are entitled to readily find, review and understand proposed terms when they shop.

II. Customers are entitled to actively accept proposed terms before they make the deal.

IV. Customers are entitled to a refund when the product is not of reasonable quality.

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