News & Analysis as of

Terms of Service Motion to Compel Browsewrap Agreement

ArentFox Schiff

No Assent, No Agreement: Establish Clear, Unambiguous Assent to Bind Consumers to Online Agreements

ArentFox Schiff on

A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers....more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Polsinelli on

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...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

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

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