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Online Contracts Arbitration

Troutman Pepper

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

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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

Ballard Spahr LLP

New study targets arbitration opt-outs in online contracting, but misses the point

Ballard Spahr LLP on

Professor Jeff Sovern, who recently joined the University of Maryland Francis King Carey School of Law faculty, has recently blogged about a forthcoming Study by academicians at other institutions that will be published in...more

Burns & Levinson LLP

Learn From Uber’s Miscues to Ensure Your Electronic Agreement Is Enforceable

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As discussed in a blog post last year, Uber learned the hard way that with online agreements, it can take more than a simple provision stating “all disputes must be arbitrated” to ensure that your customers cannot sue you in...more

Steptoe & Johnson PLLC

Pennsylvania Appellate Court Invalidates Online Arbitration Clause in Hyperlinked 'Terms and Conditions'

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The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly...more

Davis Wright Tremaine LLP

Is It Time to Rethink the Process for Amending Online Agreements?

Online agreements are often favored by providers for their flexibility and for reducing friction in the customer contracting process. A particular benefit is the ability to update these agreements by providing notice to...more

Ballard Spahr LLP

Try as they might, state courts cannot override the FAA in enforcing online arbitration agreements

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A recent Law360 article notes that “a growing number of state court rulings” have invalidated arbitration agreements in online contracts. As an example of this “trending pushback” by state courts, the article discusses...more

Pierce Atwood LLP

Can You Enforce an Online Contract In Maine? It Depends.

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The Law Court recently weighed in on a matter of critical importance – the enforceability of online consumer contracts. Confronting the issue in a case involving ride-sharing giant Uber’s efforts to enforce an arbitration...more

Davis Wright Tremaine LLP

Recurring Online Subscriptions Face a New Arbitration Standard in California

In a case of first impression, the California Court of Appeal, Fourth District (San Diego), considered "under what circumstances a 'sign-in wrap' agreement … is valid and enforceable" between consumers and online companies...more

Bradley Arant Boult Cummings LLP

Enforcing Electronic Contracts in Texas When the Other Party Denies Signing

As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario: You are a general/prime contractor. You have a...more

Troutman Pepper

Mass. Uber Ruling Offers Insights on Online Contracts

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On Jan. 4, the Massachusetts Supreme Judicial Court issued a ruling in Kauders v. Uber Technologies Inc. that has important implications for the enforceability of online and/or app contracts, and the arbitration agreements...more

Proskauer - Minding Your Business

Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions

The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon. When consumers sign up for these services or place their...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

Morrison & Foerster LLP - Social Media

Sweating The Details: Court Analyzes User Interface To Uphold Online Arbitration Clause

Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly. Babcock vs. Neutron...more

Proskauer - New Media & Technology

Cluttered User Registration Screens Challenge Enforceability of Site Terms

In recent years, courts have issued a host of rulings as to whether online or mobile users received adequate notice of and consented to user agreements or website terms when completing an online purchase or registering for a...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit Upholds Arbitration Provision in Online Consumer Contract

Adhesion contracts are ubiquitous in modern internet commerce, and the rules of contract formation are generally the same for contracts entered offline and those entered online. Parties are generally bound by terms and...more

Ballard Spahr LLP

Ninth Circuit Enforces Online Arbitration Clause That Tested "Outer Limits" of Reasonable Conspicuousness in Consumer Contract

Ballard Spahr LLP on

Last week, the Ninth Circuit upheld the district court's grant of a motion to compel individual arbitration in a case that "tests the outer limits of what constitutes a 'reasonably conspicuous' provision" in an online...more

Wilson Sonsini Goodrich & Rosati

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more

Morrison & Foerster LLP - Social Media

Sneaky Website User Bound by Online Terms of Use Provision Despite Renewing Subscription in Spouse’s Name

On July 19, 2018, in May, et al. v. Expedia Inc., U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to...more

Carlton Fields

First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable

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The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more

Seyfarth Shaw LLP

First Circuit Invalidates Arbitration Clause In Uber’s User Agreement

Seyfarth Shaw LLP on

Executive Summary and Takeaway. User agreements for websites and apps have become increasingly prevalent in recent years, and courts have had to adapt traditional rules of contract interpretation to the new digital frontier....more

Ballard Spahr LLP

Online Arbitration Agreement Must Be “Reasonably Communicated and Accepted”

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Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company's arbitration clause could not be enforced because it was not "reasonably...more

Pierce Atwood LLP

Cullinane v. Uber Technologies And Arbitration Clauses In Online Contracts

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This week, the First Circuit weighed in on a hot topic – the enforceability of arbitration provisions in online contracts. ...more

Burr & Forman

Is Arbitration Just a Click Away?

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With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being...more

Pillsbury - Internet & Social Media Law Blog

Clickwrap Kryptonite: Don’t Let Site Design Undermine Your TOS

We previously covered the developing legal issues with browsewrap agreements and the importance of reviewing and updating any such agreement to ensure users are bound to the terms. In a browsewrap agreement, the user’s assent...more

Proskauer - New Media & Technology

Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration...more

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