In March 2026, the Northern District of Texas considered the requirements for a “reasoned award” in LGC Global Inc. v. Eagle Contracting LLC. The Eastern District of Louisiana enforced the arbitration provision of a clickwrap...more
Courts may refuse to enforce online arbitration clauses when checkout-page design buries notice of mandatory arbitration through cluttered layouts, low-contrast links, and visually dominant purchase buttons....more
In March 2026, a federal court issued a preliminary injunction in Amazon.com Services LLC v. Perplexity AI, Inc., finding that an AI shopping agent may have violated federal hacking law — even though the user had expressly...more
Not long ago Puja put together the famous “Queenie’s 10.” A critical one-sheeter providing the TCPAWorld with a checklist to assess the format of webforms to determine whether a court is likely to enforce the terms on a...more
For years, many platforms treated unilateral online terms updates as a checklist item: revise the terms, post the new version, email notice, and rely on “continued use = acceptance.” Recent decisions, often in fights...more
The Pennsylvania Supreme Court’s latest decision has delivered a meaningful win for businesses relying on arbitration agreements. By holding that orders compelling arbitration are not immediately appealable, the decision...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
As part of the EU’s measures to support consumers contracting with online retailers, it has introduced requirements that retailers make it easier for consumers to withdraw from online contracts, by providing clearer (and well...more
If your business has an online presence, chances are you have an online service agreement or terms of use that include an arbitration agreement. But simply having such an agreement in place doesn’t necessarily mean it will be...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
Recently, a California federal court declined to send false pricing class claims to arbitration, holding that while the retailer’s terms of service were reasonably conspicuous, the customer did not unambiguously manifest her...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
On October 22, the U.S. District Court for the Middle District of North Carolina granted a motion to compel arbitration by an earned wage access provider. ...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
In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more
In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms of use and compel arbitration, holding that the plaintiff, who used guest...more
A recent federal appeals court decision rejecting a business’s attempts at enforcing its online arbitration agreement offers lessons for businesses across the country on how to craft a valid agreement for your website. The...more
A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...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
A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more
As reported in Public Citizen’s Consumer Law & Policy Blog, the Pennsylvania Supreme Court recently agreed to review Chilutti v. Uber Technologies, Inc., in which a divided panel of the Pennsylvania Superior Court (and later...more
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