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DIX v. ICT GROUP, INC.

No. 23184-4-III.

106 P.3d 841 (2005)

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

Court of Appeals of Washington, Division 3, Panel Four.

February 17, 2005.

Attorney(s) appearing for the Case

David L. Broom, Richard W. Kuhling, William J. Schroeder, Gregory C. Hesler, Paine Hamblen Coffin Brooke & Miller LLP, Michael D. Kinkley, Michael D. Kinkley PS, Spokane, WA, for Appellants.

James B. King, Attorney at Law, Spokane, WA, Daniel T. Donovan, John C. O'Quinn, Kirkland & Ellis, Washington, DC, for Respondents.

KATO, C.J.

Suzy Dix and Jeffrey Smith appeal the trial court's CR 12 dismissal of their claims. The dismissal was based on a contractual forum selection clause specifying Virginia as the proper forum for litigation. We reverse and remand.

America Online, Inc. (AOL), is an internet service provider. Before becoming an AOL member and using its online services, an individual must choose to accept the Terms of Service...

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