CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
The era of the paper/hard copy bill of lading and/or rate confirmation is fading fast. Hard copies and paper do live on in various shipment schematics; however, increasingly, and at a very rapid rate, transactions between...more
Absolutely huge news for the lead generation industry. Rocket has WON its appeal over the enforceability of the LowerMyBill.com website flow. Plus the appellate court gave everyone a useful four question test to assess...more
Little known legal fact: the general rule is a parent or subsidiary cannot enforce an arbitration provision in the name of a related entity. That quirk hung Hello Fresh in a recent effort to enforce an arbitration provision...more
For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more
A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers....more
What makes a link “hyper” anyway? Last month I discussed the importance of arbitration agreements to thwart TCPA class actions. Well today we see what happens when a website isn’t properly designed to assure consumers are...more
The Southern District of California recently reminded companies that it has concerns about steps to take to make online terms binding. The case arose from a putative class action over alleged false pricing practices brought...more
Our Real Property, Title Insurance, & Financial Services Update offers a weekly overview of notable court decisions impacting property rights, title issues, the banking industry, and related litigation. Each edition...more
The latest in a series of cases addressing lead generation webform submission layouts went poorly for the defense on appeal. In Valiente v. Nexgen Global, 2025 WL 3140480 (11th Cir. 2025) the Eleventh Circuit Court of Appeals...more
The Eleventh Circuit Court of Appeals recently affirmed a lower court ruling that a TCPA related arbitration clause contained in a lead generator’s online terms and conditions was unenforceable against a consumer....more
In today's digital commercial society, consumer agreements are commonly established online. Often, a single click of a button confirms the relationship between parties, and online operators should ensure agreements are both...more
Earlier this year, the Ninth Circuit addressed assent standards in Godun v. JustAnswer, LLC, 135 F.4th 699 (9th Cir. 2025). While Godun confirmed the two-part test previously articulated by California courts (conspicuousness...more
Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more
IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts...more
Consent is generally a precondition to an enforceable contract. Some website operators have attempted to enforce arbitration clauses set forth in the terms and conditions listed on their websites just because a consumer...more
Takeaway: We have written many articles about how businesses seek to enter enforceable arbitration agreements containing class action waivers with their customers, whether through “browsewrap” or “clickwrap” agreements or by...more
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be...more
On April 3, 2023, the New Jersey Appellate Division in Jeffrey Santana v. SmileDirectClub, LLC, Docket A-2433-21, __ N.J. Super. __ ( App. Div. April 3, 2023), issued an opinion enforcing an arbitration provision found within...more
On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
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
A number of U.S. state and federal courts have recently considered whether the manner in which companies presented to their users a variety of electronic contracts (e.g., terms of service) was sufficient to form an...more
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An internet consumer must, at a minimum, be...more
Welcome to the third post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. Kristin Hadgis is a partner in Morgan...more
Booming internet usage means that virtually every company has a website and many companies use their website to enhance the user experience and collect information about their users. As a result, company websites have terms...more