Does Individual's Silence Constitute Acceptance If He Uses Services Offered With Expectation of Compensation ?
In Boomer v. AT&T Corp., 309 F.3d 404, 415 (7th Cir. 2002), the Seventh Circuit Court of Appeals held that where an offeree takes the benefits of offered services with a reasonable opportunity to reject them and a reason to know that they were offered with the expectation of compensation, his silence and inaction operates as an acceptance of the offer.
The Seventh Circuit found that the CSA clearly provided a mechanism for rejecting the offer and that the customer had a reasonable opportunity to reject the offer but failed to do so.
Instead, the customer continued to use the defendant's services, which were offered with the clear and explicit expectation of compensation.
Under those circumstances, the customer's silence constituted acceptance. Boomer, 309 F.3d 404.