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Troutman Pepper

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

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In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Firesign | Enlightened Legal Marketing

Starting Your Own Firm? Three Costly Marketing Mistakes to Avoid

Sitting square among the AmLaw 200 is Boies Schiller Flexner, a litigation boutique that not only boasts annual revenue of $246 million, but also is a role model for the aspiring entrepreneurs working in Big Law. It all...more

BCLP

Digital Speaks - Don't Gamble on Your Consumer T&Cs

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Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into the contract) whilst also...more

Hudson Cook, LLP

CRFA Insights

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One of the downsides of working with the public is that sometimes the public will be disappointed with the service you offer. And in this era of the internet, the number one remedy consumers have is to complain about...more

Faegre Drinker Biddle & Reath LLP

By Clicking Continue . . .

The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the defendants failed to show that the plaintiff had agreed to arbitrate the dispute when...more

Foley Hoag LLP - Making Your Mark

First Circuit Affirms Personal Jurisdiction Based on Global Web Activity in Trademark Action

When does the globally available website of a foreign company subject that company to jurisdiction in the United States for purposes of a trademark infringement action? Does it make a difference if the foreign company has...more

Womble Bond Dickinson

You Have the Right to Defend Your Business Model: Court Allows Online Lead Generator to Intervene in Putative TCPA Class Action

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Online lead generation is huge business, and present across all manner of consumer industries including lending, home services, insurance, healthcare – you name it. By the time these leads reach the caller, a consumer will...more

Holland & Knight LLP

New Jersey Supreme Court Favors Retailers in Landmark Ruling Limiting TCCWNA Claims

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• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims...more

Holland & Knight LLP

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

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• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or affect....more

Sheppard Mullin Richter & Hampton LLP

Consumer Review Fairness Act’s Point of “No Return”

On December 14, 2016 the United States Congress passed an act known as the “Consumer Review Fairness Act of 2016” (“CRFA”). The stated goal of this new legislation is “to prohibit the use of certain clauses in form contracts...more

Proskauer - New Media & Technology

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

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

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

Morrison & Foerster LLP - Social Media

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more

Kelley Drye & Warren LLP

Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires

Remember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of...more

BCLP

The Hidden Danger for Retailers Doing Business in New Jersey

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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

Locke Lord LLP

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

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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

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