Website Terms of Use May Risk Liability Under California Law

Companies selling or leasing consumer goods or services should be alert to a recent rash of lawsuits targeting terms of service provisions.

A recent spate of class action lawsuits brought under California Civil Code section 1670.8 raises the specter of liability for companies whose online terms of use include provisions that plaintiffs allege limit consumer reviews. Although section 1670.8 is not new legislation, it has been seldom litigated since going into effect on January 1, 2015. However, several putative classes of plaintiffs have recently taken aim at so-called “non-disparagement” provisions in the terms of use of retailers’ websites, highlighting a potential concern for any business whose terms of use contain such provisions.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Latham & Watkins LLP

Written by:

Latham & Watkins LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Latham & Watkins LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide