Consumer Service Agreements

News & Analysis as of

Court Flexes its Muscle to Strengthen the Enforceability of Liability Waivers

The court pointed out that the membership agreement instructed the plaintiff to refrain from signing it until reading the entire agreement, pronounced that the terms of the agreement were contained on both sides of the...more

Five Practice Pointers: Risk Allocation in Enterprise Cloud Service Agreements

Outsourcing information technology functions to the cloud entails risk for both companies and cloud service providers, especially when sensitive data is stored in the cloud. Sensitive data carries business risk and may be...more

How Does Your Terms of Service Agreement Rate?

Online terms of service agreements are the rarely-read but often-mocked daily annoyance of Internet users worldwide. A large (literally) barrier to the immediate gratification of access to online content, most of us are...more

Be Careful What You Ask For, You May Get It—The CFPB Addresses Marketing Services Agreements Under RESPA

The residential mortgage settlement service industry has been asking the CFPB for guidance on the legality of marketing service agreements (MSAs) under RESPA. When questioned on the issue last week at a House Financial...more

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

ASIC announces proposed regulatory guide for review and remediation in the industry

After several high profile remediation programs by financial advice organisations, the Australian Securities and Investment Commission (ASIC) has decided to prepare guidance for industry participants in how to develop and...more

Federal Court Clarifies Unconscionable Conduct Law

In an important decision, the Full Federal Court of Australia has held that conduct alleged to be unconscionable is to be assessed against a normative standard of conscience, permeated with accepted and acceptable community...more

Tame Complexity in Enterprise IT Services Agreements

Christopher Barnett, Scott & Scott, LLP attorney, says IT Services Agreements can be fraught with challenges, one of the most notable of which being the danger of unmanaged complexity....more

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