Comment The biggest problem for KlearGear (Score 1) 249
in the case, it seems to me, is that they never delivered on their end of the sale, yet still seek to enforce the other side of the contract.
Of course, it's a BS, should-be-unenforceable clause of the contract that may not have even been in the contract at the time. The above seems like the easiest way to win the case, but hopefully Public Citizen can get some precedent set for it as unenforceable.