By Gerald L. Maatman, Jr., Tiffany Alberty, and Brett Bohan
Duane Morris Takeaways: On April 14, 2026, in Brant, et al v. Parking Revenue Recovery Services, Inc., Case No. 1:25-CV-01771 (D. Colo. Apr. 14, 2026), Judge Gordon P. Gallagher of the U.S. District Court for the District of Colorado granted Defendant Parking Revenue Recovery Services, Inc.’s motion to compel arbitration. Plaintiffs, a group of parking lot customers who brought a putative class action, argued that they never agreed to arbitrate and that any arbitration clause was unconscionable. The Court rejected both arguments, finding that by parking in the lots, Plaintiffs assented to the terms posted on conspicuous signs — including a binding arbitration clause — and that the clause was not unconscionable. This ruling reinforces that businesses can form enforceable contracts, including arbitration agreements, through conspicuously posted signage, and that consumers who fail to read posted terms are nonetheless bound by them.
Case Background
Plaintiffs Brian Brant, Brooke Fitz, Robert Caldwell, and Mayenssi Montiel each parked at various parking garages managed by Defendant Parking Revenue Recovery Services, Inc. (“PRRS”) in Denver and Little Rock between 2023 and 2025. (ECF 36 at 1-2) At each of these lots, PRRS posted large red signs at the entrances, exits, and pay stations. (Id. at 2-14) The signs stated, in relevant part, “This is a Contract,” instructed customers to “Read these terms PRIOR to parking,” and included a capitalized, boldfaced “ARBITRATION” heading explaining that “[b]y parking on this Facility, you hereby agree that the sole remedy for all unresolved disputes is binding arbitration, and specifically waive the right to jury trial, class action and/or class arbitration”. (Id.)
Each of the Plaintiffs claimed they did not see the signs. (Id. at 7, 12, and 14.) Some faulted the location, lighting, and number of signs, while others argued there were no gates or speed bumps to slow drivers down enough to read the posted terms. (Id.)
The Court’s Order
The Court granted PRRS’s motion to compel arbitration, addressing both of Plaintiffs’ arguments against enforcement. (Id. at 16-21.)
First, as to whether a valid agreement to arbitrate existed, the Court noted that two other courts in Colorado had recently addressed the same issue with the same defendant. (Id. at 16.) Adopting the analysis of Chief Judge Daniel D. Domenico in Butler v. Asura Technologies USA, Inc., the Court held that a contract was formed when Plaintiffs manifested assent to the implied terms of the parking agreement by choosing to park in the lots. (Id. at 17.) The Court emphasized that the fundamental exchange — temporary use of a parking spot in exchange for a promise to pay — was sufficient to establish contract formation, and that the operator of a parking lot may modify or add to the basic terms by posting signs. (Id.) The Court analogized the posted signage to online “clickwrap” contracts, noting that users of such contracts are regularly bound by terms they never actually read. (Id. at 19.) Accordingly, whether Plaintiffs chose to read the signs was irrelevant because they agreed to the posted terms when they decided to park their cars on PRRS’s lots. (Id. at 18.)
The Court also rejected Plaintiffs’ argument that the arbitration clause was insufficiently specific because it lacked details regarding the scope, rules, or effect of any arbitration ruling. (Id. at 19.) Citing the Supreme Court of Colorado’s long-standing precedent in Guthrie v. Barda, 533 P.2d 487 (Colo. 1975), the Court held that a clause stating disputes “shall be submitted to binding arbitration” is sufficient and enforceable, even without additional procedural details. (Id.)
Second, the Court addressed Plaintiffs’ unconscionability defense. Applying the seven-factor test under Colorado law, the Court acknowledged that the first factor — a standardized agreement between parties with unequal bargaining power — may point toward unconscionability but noted that consumer contracts of adhesion are ubiquitous in modern commerce. (Id. at 20.) The remaining factors, however, weighed against a finding of unconscionability: Plaintiffs had the opportunity to review the terms before parking, the arbitration provision was written in large font against a contrasting red background and arbitration is a commercially reasonable method of dispute resolution. (Id.) The Court concluded bluntly that “if Plaintiffs did not wish to agree to the terms, they could have parked somewhere else.” (Id. at 21.)
The Court ordered the case stayed and administratively closed pending the conclusion of arbitration. (Id. at 22.)
Implications For Employers And Businesses
The Court’s decision in Brant v. Parking Revenue Recovery Services, Inc. affirms that conspicuously posted signage can create binding arbitration agreements with consumers, even in the absence of a signed written contract, a clickthrough mechanism, or any affirmative acknowledgment. For businesses that rely on physical signage to communicate contractual terms — including parking operators, event venues, and service providers — this decision provides a roadmap for drafting and displaying enforceable arbitration clauses. Specifically, businesses should ensure that their signs are prominently displayed, use clear language and contrasting formatting, and explicitly state that use of the premises constitutes acceptance of the posted terms, including arbitration. The decision also reinforces that a consumer’s failure to read posted terms does not relieve them of their contractual obligations, further underscoring the importance of adequate notice over actual knowledge.
