News & Analysis as of

Telephone Consumer Protection Act › Browsewrap Agreement

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 27, 2020

Carlton Fields on

Financial Services Update - TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more

Manatt, Phelps & Phillips, LLP

California Court Compels Arbitration in TCPA Dispute

Manatt, Phelps & Phillips, LLP on

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, a California federal court granted a motion to compel arbitration based on an agreement found in hyperlinked terms and conditions....more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

Proskauer - New Media & Technology on

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

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