News & Analysis as of

Terms of Service False Advertising

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

CDF Labor Law LLP

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

CDF Labor Law LLP on

In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more

Carlton Fields

Ninth Circuit Holds That Arbitration Clause in “Sign-In Wrap Agreement” Is Enforceable

Carlton Fields on

The Ninth Circuit Court of Appeals recently reversed the denial of a motion to compel arbitration after concluding, contrary to the district court’s decision, that a “sign-in wrap agreement” provided conspicuous notice of...more

King & Spalding

Southern District of New York Denies Motion to Dismiss Consumer Protection Claims Concerning Peloton’s Allegedly False Marketing...

King & Spalding on

On November 9, 2020, the Southern District of New York largely denied a motion to dismiss filed by Peloton, which argued that two plaintiffs failed to state a claim for deceptive trade practices and false advertising under...more

Pillsbury - Internet & Social Media Law Blog

Avoiding Uber Trouble via Good Terms of Service

In a recent lawsuit, Uber Technologies Inc. is accused of violating California’s Unfair Competition Law. Specifically, the complaint alleges that Uber misleads its users by: (1) falsely advertising its services as cheaper...more

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