News & Analysis as of

Terms of Service Consumer Protection Laws

BakerHostetler

Wondering if the FTC Is Moving Away from ROSCA Enforcement? We Have Our (Just)Answer.

BakerHostetler on

Although many New Year’s resolutions lose momentum by February (guilty!), the FTC’s commitment to Restore Online Shoppers’ Confidence Act (ROSCA) enforcement shows no signs of slowing....more

Kilpatrick

California federal court denies motion to compel arbitration because checkout page lacked a sufficient prompt accompanying Terms...

Kilpatrick on

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

Perkins Coie

Maryland Imposes New Requirements on Businesses That Sell Digital Goods

Perkins Coie on

Key Takeaways - Maryland recently joined California in enacting new requirements that mandate clear disclosures when consumers are purchasing a license to digital goods rather than acquiring ownership. Similar legislation...more

Benesch

Protecting Your Company from the Silliest Lawsuit Not On Your Radar

Benesch on

Do you sell goods or services online?  Do you have customers in California?  If so, you may be a target of claims under the “Yelp Law,” a statute residing at the intersection of good intentions and bad drafting....more

Foley Hoag LLP - State AG Insights

Bipartisan Effort By State AGs Pushes Tech Companies to Take Action Against Deepfake Imagery

Key Takeaways - Massachusetts AG Andrea Campbell co-led a group of 47 state AGs in calling on technology companies to increase efforts to combat generative AI “deepfake” images, including deepfake pornography....more

Saul Ewing LLP

Eleventh Circuit Rules Consumer Must Arbitrate FCRA Suit Following Clickwrap Agreement

Saul Ewing LLP on

How can a company ensure that its clickwrap agreements for services are worth more than just the pixels they’re displayed on? In a recent ruling from the U.S. Court of Appeals for the Eleventh Circuit, the answer may be as...more

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