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DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

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Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Polsinelli

Data Scraping Update: ‘LinkedIn v. hiQ’ Answers Some Questions but Leaves Many More Open

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2022 provided companies with further clarity and insight regarding legal claims that might be viable to stop data (or web) scraping and those that likely won’t work. Data scraping continues to become an increasingly popular...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

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Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more

Manatt, Phelps & Phillips, LLP

FTC and DOJ Reach Settlement Banning Background Search Website From Negative Option Marketing

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached a settlement with MyLife.com, Inc., an online seller of consumer background reports, which bans MyLife from engaging in deceptive negative option...more

Carlton Fields

CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)

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Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more

Arnall Golden Gregory LLP

Times They Are A Changin’… and Your Website Terms and Policies Should Too

It is a good time to review your website and its accompanying terms and conditions and privacy policies. From year to year, the legal landscape evolves with changes being driven by technological advancements, shifting...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

Weintraub Tobin on

A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

Carlton Fields

Ninth Circuit Holds That a Change-of-Terms Provision Cannot Bind Parties To a New Browse-Wrap Agreement

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The Ninth Circuit recently concluded that a consumer was not bound by updated terms merely because she accessed a website that contained new terms in a “browse-wrap” agreement on the website. The court also concluded that an...more

Spilman Thomas & Battle, PLLC

New Developments in the World of Section 230

Nick Mooney and Joseph Schaeffer, Spilman Technology Law Practice Group Chairs, discuss proposed amendments from the Department of Justice, a recent statement from Justice Thomas on the Supreme Court’s “shadow docket,” and a...more

Pillsbury Winthrop Shaw Pittman LLP

Think Before You Link: The Legal Risk with Nested Hyperlinks in Online Terms

Nesting hyperlinks is neat and organized, but based on recent court rulings, you might not be forming a contract. Recent inconsistent court rulings on the issue highlight the need for re-examining use of hyperlinks in...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

Morgan Lewis - Tech & Sourcing

Good Online Hygiene

With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Website Terms

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...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

Proskauer - New Media & Technology

Browsewrap Terms Enforced Due to Customer Knowledge of Existence of Terms

Last month, a California district court granted a web-based service’s motion to compel arbitration of a putative class action brought by a user whose personal information was allegedly accessed in a massive 2016 data breach...more

Orrick - Trade Secrets Group

Constitutional Challenge To CFAA Survives Motion To Dismiss As D.C. Court Weighs In On Circuit Split

On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. ...more

Mintz - Arbitration, Mediation, ADR...

On-line Arbitration Agreements: A Tale of Two “Click Wraps”

What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more

Womble Bond Dickinson

Best Practices for Using Third-Party Content on Your Company’s Website

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Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Locke Lord LLP

Cautious Optimism for Online Retailers: NJ Federal Court Dismisses another TCCWNA Claim for Lack of Constitutional Standing

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A New Jersey federal judge dismissed a proposed class action against online retailer, J. Crew Group, Inc., alleging that the company’s website Terms and Conditions violated New Jersey’s Truth-in-Consumer Contract, Warranty,...more

Kelley Drye & Warren LLP

New Jersey’s TCCWNA: New Year, Same Uncertainty

In 2016, many retailers found themselves on the wrong end of class actions brought under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). The suits allege that these retailers’ website terms of...more

Pillsbury Winthrop Shaw Pittman LLP

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...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

McAfee & Taft

I accept!

McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Proskauer - New Media & Technology

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

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