Mobile Apps, Mandatory Arbitration Clauses

Georgia Looks at the Creation of a Contract Through a Phone App

Smith Gambrell Russell on 5/19/2021

Consumers increasingly conduct business on their phones. They create accounts and make purchases through apps on their phone. But when does a consumer create a binding contract when he conducts business on his phone? The...more

Ninth Circuit Affirms District Court's Order Denying Motion to Compel Arbitration in Putative Class Action Where Defendant Failed...

Carlton Fields on 3/6/2020

The Ninth Circuit affirmed the district court’s order denying Double Down Interactive, LLC, and International Game Technology’s (collectively, “Double Down”) motion to compel arbitration in a putative class action filed by...more

Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps

Proskauer - Minding Your Business on 2/19/2020

A recent Ninth Circuit decision centered on something most consumers use many times every day: smartphone apps. In Wilson v. Huuuge, Inc., the Ninth Circuit affirmed the denial of defendant Huuuge’s motion to compel...more

First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable

Carlton Fields on 7/24/2018

The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more

New York State Court Declines to Compel Arbitration, Cites Purported Ambiguities in Mobile Contracting Process

Proskauer - New Media & Technology on 6/19/2018

Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed. As such, companies might take a second look at...more

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of...

Foley & Lardner LLP on 9/12/2017

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more

Mobile App Terms and Conditions Decision Clarifies Best Practices in App Designs to Support Enforcement of Contract Provisions

Bradley Arant Boult Cummings LLP on 8/25/2017

The Second Circuit issued a decision of interest to every company that utilizes a mobile app to interact with its customers. In Meyer v. Kalanick, the court enforced the mandatory arbitration provision in the Uber app. The...more

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Coblentz Patch Duffy & Bass on 8/23/2017

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting,...more

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

Buchalter on 8/23/2017

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber...more

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

Proskauer - New Media & Technology on 11/22/2016

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

New York Federal Court Refuses To Enforce Arbitration Clause In Internet Contract

Carlton Fields on 8/30/2016

This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause

Orrick, Herrington & Sutcliffe LLP on 8/9/2016

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions against a putative class of Uber consumers. In a lengthy and strongly worded...more

Mobile Apps › Mandatory Arbitration Clauses

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