Terms and Conditions

News & Analysis as of

The Hidden Danger for Retailers Doing Business in New Jersey

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

Sharp Increase in NJ Consumer Class Actions as Company Websites Targeted

A formerly obscure, 35-year-old New Jersey statute is increasingly taking its place as the claim of choice for class action lawyers suing consumer-facing companies. Most recently, plaintiffs' lawyers are using the ambiguous...more

Don’t Roll Back Your Employee Benefits: Consider Walmart’s Fixed Shifts

One sign of a successful business is happy employees. So how do you keep employees happy? Providing good benefits for them is one top method. For an example of this, we can look at Walmart and how they are working to make...more

Clickwrap Agreement From a Paper Contract?

Can a binding contract be formed merely with a link to another set of terms? (For background on this topic, check out our earlier post What, exactly, is a browsewrap? which reviews browsewraps, clickwraps, clickthroughs,...more

The Landmines Lurking in Your Website: The Explosion of Class Actions Targeting Terms of Use and Other Online Agreements and...

Think that no one will ever pay attention to the terms of use or privacy policy that you had your web designer draft as an afterthought? Think again. Because if they haven’t been already, they may soon be scrutinized by a...more

Facebook Follows Google to the SCC

By Richard Stobbe A class action case against Facebook...is heading to the Supreme Court of Canada. ...more

Corporate Trustees: how gross must negligence be?

Surprisingly, the distinction between negligence and gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all....more

California Court of Appeal Weighs in on Enforceable “Browsewrap” Arbitration Agreements in ProFlowers Case

The California Court of Appeal (2d App. Dist., Div. 3) recently joined the ever-evolving body of case law addressing the enforceability of so-called “browsewrap” arbitration agreements. In Long v. Provide Commerce, Inc., —...more

Legal revolution in France – civil law reforms (or Napoleon’s second coming)

This alert draws attention to the approaching entry into force of the new French civil code. This will be of interest to all parties with French law-governed agreements or that do business in France – especially regarding...more

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

Beware the Scrollable Window: The Seventh Circuit Strikes Down an Internet Contract

If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement. We doubt that it’s a scintillating read, but, regardless, most...more

California Court Spurns ProFlowers.com’s “Browsewrap” Terms

It is a familiar issue. When should a consumer “be on the hook” for all of the terms and conditions in a company’s agreement accompanying its product or service?...more

According to the Paris Court of Appeal, the Jurisdiction Clause in Facebook’s Terms and Conditions Is Not Enforceable Against a...

References: Paris Court of Appeal, judgment rendered on 12 February 2016, docket # 15/08624 In a 12 February 2016 decision, the Paris Court of Appeal ruled that the jurisdiction clause provided for in Facebook’s general...more

"Key Takeways: The Emerging Legal Landscape Regarding Ticket Sales"

Over the last few years, state lawmakers and enforcement agencies have focused increasingly on protecting consumers who purchase tickets to sports and entertainment events. Private actions also have targeted ticket sellers’...more

The Intersection of Big Data and Antitrust Law - Finally a Case in the EU

Only a few weeks ago, EU Competition Commissioner Vestager said in a speech, “We continue to look carefully at this issue, but we haven’t found a competition [antitrust] problem yet”. She was referring to antitrust issues...more

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more

UK Financial Regulatory Developments - March 2016 #4

Treasury Committee scrutinises appointments - The House of Commons Treasury Committee has published its eighth report of session 2015/16 on the scrutiny of appointments. It covers the appointments of various chairs and...more

Locke Lord Article: Doing Business in New Jersey? Your Website Terms & Conditions May be Plaintiffs’ Next Target

Doing business in New Jersey just got thornier. Recent decisions broadly interpreting the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14, et seq., have spawned a flurry of pre-suit...more

Consumer Fraud, Unfair Trade Practices, and Internet Purchases

If you buy a product through a website, and then the product doesn’t live up to its promises, can you sue the manufacturer for violating N.C. Gen. Stat. § 75-1.1? A recent decision by the federal court in Boston...more

Federal Court Rules that Terms & Conditions can Provide Express Consent to Receiving Text Messages Under Telephone Consumer...

The issue of consent is a critical issue in cases alleging violations of the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits making any call using any “automatic telephone dialing system” to “any...more

Are your online terms and conditions compliant with UK requirements?

In April 2014 we reported on the then incoming regulations governing the sales of goods and services to consumers in the UK. Those regulations came into force on 13 June 2014 implementing the EU Consumer Rights Directive...more

New German Consumer Action risk; now in force

With the entry into force of the new Unterlassungsklagengesetz (UKlaG) [otherwise known as the “Gesetz zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften des Datenschutzrecht”/”Act to...more

If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New...

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed...more

Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way

Courts have generally categorized such online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement...more

New FCC Contest Rules Are In Effect

The FCC has formally announced that its new contest rules have become effective, as they now have been approved by the Office of Management and Budget and published in the Federal Register. The new rules enable licensees to...more

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