Alternative Dispute Resolution (ADR) Consumer Protection Science, Computers & Technology

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What are you giving up when you click a click-through contract?

Here are some of the things people consent to when they click on "I agree"... ?That all disputes will be heard and decided in the courts of King County, Washington, ?That they accept the app or service...more

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms...more

Is Your Browsewrap Terms of Use Agreement Enforceable?

Many websites use browsewrap terms of use agreements, which say that by virtue of using or making a purchase on the website, the user agrees to those terms of use. However, the 9th Circuit’s recent opinion raises questions...more

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

Ninth Circuit Affirms Decision Not To Enforce Browsewrap Arbitration Agreement

On August 18, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision not to enforce a retailer’s online “browsewrap” arbitration agreement because the retailer failed to provide adequate...more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Ninth Circuit Invalidates Online Marketing Company Consumer Contract, Arbitration Agreement

On December 16, the U.S. Court of Appeals for the Ninth Circuit held that an online marketing company cannot compel arbitration in a suit brought by a putative class of consumers who claim they were improperly charged for a...more

FTC Recommends Stronger Safeguards for Mobile Payments

With the use of mobile payments by consumers reaching “fever pitch”, the FTC has released a new report entitled, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” discussing how companies can develop mobile...more

FTC Announces Investigations of Kids App Providers and California’s AG Sues Delta over Fly Delta App’s Privacy Practices

Two recent developments should have all app providers reviewing their privacy practices and policies. On Monday, December 10, the Federal Trade Commission released its latest report on privacy disclosures and kids apps....more

In Clickwrap Data Pass Contract Dispute. Second Circuit Sacks E-mail Notice of Post-Transaction Terms

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration...more

Spokeo Agrees to $800,000 FTC Settlement

Spokeo, Inc. has agreed to pay the FTC $800,000 to settle the FTC’s claims alleging that Spokeo violated the Fair Credit Reporting Act (FCRA) and committed unfair or deceptive acts or practices under the FTC Act. Spokeo is a...more

Advertising Law Newsletter - May 12, 2011

In this issue: Supreme Court Says Goodbye to Class Arbitration; Judge: Data Breach = Actual Harm for Suit; Illinois Enacts Online Tax Law; FDA: and Hand Sanitizer, Antiseptic Claims False. Excerpt from 'Supreme Court...more

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