News & Analysis as of

Putative Class Actions Terms of Service

Mintz - Arbitration, Mediation, ADR...

Fashion Nova’s Arbitration Clause Fades Away

Online retailers routinely include arbitration clauses in the terms of service for their website, seeking to send any consumer claims to arbitration and to eliminate a consumer’s right to file a class action lawsuit....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

Proskauer - New Media & Technology

Browsewrap Terms Enforced Due to Customer Knowledge of Existence of Terms

Last month, a California district court granted a web-based service’s motion to compel arbitration of a putative class action brought by a user whose personal information was allegedly accessed in a massive 2016 data breach...more

Womble Bond Dickinson

Illinois District Court Finds that Uber’s Arbitration Agreement is Enforceable in a Putative Class Action and Dismisses Class...

Womble Bond Dickinson on

In Johnson v. Uber Technologies, Inc., 2018 WL 4503938 (Sept. 20, 2018), the United States District Court in the Northern District of Illinois granted summary judgment in favor of Uber Technologies, Inc. (“Uber”), dismissing...more

Pierce Atwood LLP

Cullinane v. Uber Technologies And Arbitration Clauses In Online Contracts

Pierce Atwood LLP on

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

Carlton Fields

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

Carlton Fields on

After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

Carlton Fields

Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit

Carlton Fields on

The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more

BCLP

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

BCLP on

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

Proskauer - New Media & Technology

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

Proskauer - New Media & Technology

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

Carlton Fields

New York Federal Court Refuses To Enforce Arbitration Clause In Internet Contract

Carlton Fields on

This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more

Carlton Fields

Certification of Minor Class Could Have Major Impact on Facebook

Carlton Fields on

Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more

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