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Consumer Contracts Goods or Services

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

BCLP

The DMCCA: Taking a Closer Look at the Impact on Subscription Contracts

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The Digital Markets, Competition and Consumers Act 2024 (DMCCA) has recently received royal assent, following the announcement of the July General Election. We examine the key developments in our previous article. One very...more

Bennett Jones LLP

A Clarified Approach to Exclusion Clauses in Contracts for Sale of Goods

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Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more

Stikeman Elliott LLP

Interpreting Exclusion Clauses in Contracts for the Sale of Goods: Important Guidance from the Supreme Court of Canada

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On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...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

Troutman Pepper

Michigan AG Dana Nessel Sues to Dissolve Detroit Landscaping and Snow Removal Companies

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Michigan Attorney General (AG) Dana Nessel filed a lawsuit seeking injunctive relief and dissolution of several limited liability companies owned by John and Michele Church. The Churches’ companies have allegedly violated the...more

Epstein Becker & Green

Getting a Grip on Griping

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Almost a decade ago, in September 2014, California was the first state in the nation to enact legislation prohibiting non-disparagement clauses that aimed to prevent consumers from writing negative reviews of a business....more

Dickinson Wright

Michigan Supreme Court Decision – A Reminder on Requirements Contracts

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Michigan law requires contracts for the sale of goods worth $1,000 or more to be in writing and provide a quantity term. On July 11, 2023, the Michigan Supreme Court ruled in MSSC, Inc. v. Airboss Flexible Products Co....more

Ballard Spahr LLP

ALI circulates revisions to Tentative Draft No. 2 of the Restatement of the Law, Consumer Contracts

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On June 22, 2022, the American Law Institute (“ALI”) circulated minor (mostly technical) revisions to Tentative Draft No. 2 of the Restatement of the Law, Consumer Contracts (the “Restatement”)....more

Stikeman Elliott LLP

Bill 96 and the Charter of the French Language The Language of Business in Québec

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On June 1, 2022, Bill 96 received assent and officially became law. As a result, Québec’s Charter of the French Language (the “Charter”) underwent its first major transformation since it was passed in 1977. Highlighted below...more

Morgan Lewis

German Federal Parliament Passes Sweeping New Rules on Selling Digital Products to Consumers

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A new contract type has been introduced in the German Civil Code for the supply of digital content or services by companies to consumers in Germany: The German Federal Parliament has added 22 new sections (337-327u) on the...more

Hogan Lovells

The sales law update at the beginning of the year - The update obligations according to §§ 475 b, c German Civil Code ("BGB)

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In implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019, "WKRL") and the Digital Content and Services Directive (Directive 2019/770 (EU), "DIDRL"), a comprehensive reform of the BGB came into...more

Hogan Lovells

Das Kaufrecht-Update zum Jahresbeginn – Die Update-Pflichten nach §§ 475 b, c BGB

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In Umsetzung der Warenverkaufsrichtlinie (Richtlinie 2019/771/EU vom 20. Mai 2019, „WKRL“) sowie der Richtlinie über digitale Inhalte und Dienstleistungen (Richtlinie 2019/770 (EU), „DIDRL“) erhalten insbesondere digitale...more

Hogan Lovells

Neue Regelungen für digitale Produkte

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Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die...more

Hogan Lovells

More Scope, More Power: Enhancing the scope of the Australian Consumer Law and regulator power

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Businesses are reminded to review their customer terms and conditions ahead of the impending changes to the Australian Consumer Law and unfair contract term regime, and ensure all internal policies are up to date....more

Harris Beach PLLC

New York Implements Automatic Renewal and Continuous Service Law for Contracts for Goods and Services

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New York recently became the latest state to enact strict laws regarding the provision of automatic renewal and continuous service clauses in paid subscription or purchasing agreements with consumers (N.Y. Gen. Bus. Law §§...more

Seyfarth Shaw LLP

California DMV Finds “Care by Volvo” Subscription Service Violates State Law

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The California Department of Motor Vehicles (“DMV”) recently disclosed the results of its investigation of the “Care by Volvo” car subscription service (“CbV”) that was challenged as unlawful competition by the California New...more

Mintz - Consumer Product Safety Viewpoints

Stricter Automatic Renewal Law in California Commences July 1, 2018

On July 1, 2018, California’s revised Automatic Renewal Law (ARL), Cal. Bus. & Prof. Code § 17600 et seq., goes into effect. The updated law requires e-commerce sellers, doing business in California, to allow online...more

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