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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

Amundsen Davis LLC

Website Accessibility Lawsuits Are on the Rise – Are You Compliant?

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There are various state and federal laws that prohibit discrimination against disabled individuals. The best known of these is the Americans with Disabilities Act (“ADA”), which requires that places of public accommodation be...more

Cooley LLP

Court of Appeal Considers Incorporation of Terms Into Online Contracts

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In Parker-Grennan v. Camelot UK Lotteries Limited1, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online....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

Latham & Watkins LLP

Website Terms of Use May Risk Liability Under California Law

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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...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

Womble Bond Dickinson

[Webinar] Accessibility Outside the Box - June 8th, 12:00 pm - 1:00 pm EDT

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Waves of recent Americans with Disabilities Act litigation have shone the spotlight on the accessibility of everything from websites to gift cards. This has led some businesses to think more creatively about how they can both...more

Morgan Lewis - Tech & Sourcing

Information Requirements for Online Traders in the UK and European Union

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process....more

Faegre Drinker Biddle & Reath LLP

California’s BOT Disclosure Law, SB 1001, Now In Effect

The B.O.T. (“Bolstering Online Transparency”) Act, enacted last year pursuant to SB 1001, has gone into effect in California. As of July 1, it is unlawful for a person or entity to use a bot to communicate or interact online...more

Jones Day

"Pretext Theory" as Applied to Unsolicited TCPA Fax Advertisement Claims

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The Situation: The United States Court of Appeals for the Third Circuit recently considered a "pretext" theory as applied to unsolicited fax advertisement claims under the Telephone Consumer Protection Act ("TCPA"). The...more

Sheppard Mullin Richter & Hampton LLP

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

Downey Brand LLP

California Grocer: The “Wild West” of ADA Website Litigation.

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Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...more

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