News & Analysis as of

Terms of Service Motion to Compel Class Action

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

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

Troutman Pepper Locke

Ninth Circuit Rejects Plaintiff’s Attempt to Contest Consolidation of Arbitration Claims

Troutman Pepper Locke on

On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more

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

White & Case LLP

Edition 4 of the AI Legal News Summer Roundup

White & Case LLP on

In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with...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

Carlton Fields

First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable

Carlton Fields on

The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more

Ballard Spahr LLP

Online Arbitration Agreement Must Be “Reasonably Communicated and Accepted”

Ballard Spahr LLP on

Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company's arbitration clause could not be enforced because it was not "reasonably...more

Proskauer - New Media & Technology

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more

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