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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
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
The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly...more
Online agreements are often favored by providers for their flexibility and for reducing friction in the customer contracting process. A particular benefit is the ability to update these agreements by providing notice to...more
On Jan. 4, the Massachusetts Supreme Judicial Court issued a ruling in Kauders v. Uber Technologies Inc. that has important implications for the enforceability of online and/or app contracts, and the arbitration agreements...more
The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon. When consumers sign up for these services or place their...more
Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more
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
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
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