Terms of Service Privacy Policy

News & Analysis as of

Privacy Watchdogs File Complaint With FTC over WhatsApp’s Privacy Policy Change

Yesterday, the Electronic Privacy Information Center (“EPIC”) and the Center for Digital Democracy (“CDD”) filed a complaint with the Federal Trade Commission against WhatsApp, Inc. According to the complaint, WhatsApp posted...more

Yelp Seeks Dismissal of Consumer Privacy Lawsuit

Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies,...more

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

Pokémon Go Faces More Criticism

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

Court: Web Registration Did Not Establish User Assent to Arbitration Agreement

Perhaps overshadowed in the raging battle over the Consumer Financial Protection Bureau's proposal to ban the use of class action waivers in consumer arbitration agreements involving consumer financial products or services is...more

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

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

Pokemon App Developer Sued for Failed Privacy Protections

Niantic Inc. (Niantic), developer of the mobile game “Pokémon GO,” was sued in Florida court on July 27, 2016. The named plaintiff, David Beckman filed the complaint against Niantic claiming the game’s terms of service and...more

Ashley Madison and Coming to “Terms” with Data Protection

A recent massive data hack of an online dating site Ashley Madison once again proves that what one publishes, says, or does online, even in seemingly private forums, is never completely private. It’s also a reminder that the...more

Have You Thought About Your Online Terms of Use Recently?

Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in...more

U.S. Department of Education Releases Guidance: Terms of Service Agreements

The Privacy Technical Assistance Center (“PTAC”), a resource center established by the U.S. Department of Education for information on data privacy, recently released guidance relating to Terms of Service agreements. This...more

When Can Online Terms of Use and Privacy Policies Be Changed?

Recently, a California court dismissed a plaintiff’s claims that Instagram’s updated Terms of Services constituted a breach of the covenant of good faith and fair dealing implied in all contacts because Instagram took...more

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

How to Avoid Losing 25% of Your Customers Overnight

According to a recent report, Instagram lost nearly 25% of its users (as tracked by AppData) nearly overnight. The cause is believed to be due to a very unpopular change to its Terms of Service....more

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