Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb

This lawsuit alleges that Airbnb’s “hosts” racially discriminate when accepting customers’ bookings. Airbnb sought to send the case to arbitration per its Terms of Service, which the plaintiffs challenges. Contract Formation Trying to sort through the nomenclature confusion created by…

Overly Broad Arbitration Clause Fails--Wexler v. AT&T

Overly Broad Arbitration Clause Fails–Wexler v. AT&T

Plaintiff signed up for wireless service from AT&T Mobility. The operative agreement contained an arbitration clause that covered: 1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud,…

Ninth Circuit Sends Uber Driver Claims to Arbitration

Ninth Circuit Sends Uber Driver Claims to Arbitration

This is a consolidated lawsuit brought by Uber drivers asserting FCRA and employee misclassification claims. Both named drivers were terminated after negative information surfaced in their credit report. Both drivers agreed to a 2013 version of Uber’s driver agreement, and…

House Passes Consumer Review Fairness Act

Last night, the House passed the Consumer Review Fairness Act. The Senate passed the nearly identical Consumer Review Freedom Act back in December. I’ll discuss in a moment the minor variations between the two. Because of these differences, the Senate…

"Kurt The CyberGuy" Loses Publicity Rights Claims Against TV Station--CyberGuy v. KTLA

“Kurt The CyberGuy” Loses Publicity Rights Claims Against TV Station–CyberGuy v. KTLA

Knutsson was a technology reporter and creator of the “CyberGuy” persona. He worked for TV station KTLA between 1996 and 2011. In 2005, he entered into an agreement with KTLA to be paid an annual salary of $325,000 a year…

Unfortunate Expansion of 'Failure to Warn' Exception to Section 230--Beckman v. Match

Unfortunate Expansion of ‘Failure to Warn’ Exception to Section 230–Beckman v. Match

You recall the Ninth Circuit’s Doe v. ModelMayhem (Doe #14 v. Internet Brands) ruling from earlier this year. It held that a website couldn’t invoke Section 230 against a claim that the site should have warned its users about potential…

Anarchy Has Ensued In Courts' Handling of Online Contract Formation (Round Up Post)

Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)

[Eric’s introduction: ever since the Ninth Circuit mishandled the already-muddled definitions of “clickwrap” and “browsewrap” in the Nguyen case, we’ve seen a steady decline in the coherence of the law of online contract formation. Judges can’t figure out whether or…

FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

For over a decade, I’ve blogged about 1-800 Contacts’ campaign to suppress competitive keyword advertising, including its legislative games (e.g., those times when 1-800 Contacts asked the Utah legislature to ban competitive keyword advertising) and at least 15 lawsuits against…

Judge Declines to Enforce Uber's Terms of Service--Meyer v. Kalanick

Judge Declines to Enforce Uber’s Terms of Service–Meyer v. Kalanick

This is an antitrust case against Travis Kalanick, the founder of Uber, alleging that Mr. Kalanick “orchestrated and participated in an antitrust conspiracy.” Uber moved successfully to intervene, and then moved to force arbitration (Mr. Kalanick joined in this motion)….

Want An Enforceable Online Contract? Don't Use A Footer Link Called "Reference"--Zajac v. Walker

Want An Enforceable Online Contract? Don’t Use A Footer Link Called “Reference”–Zajac v. Walker

This lawsuit involves the purchase of items I don’t understand. Let’s just call them “thingies.” The buyer Zajac needed thingies with an appropriate rating. It bought the thingies from a distributor, Walker, then realized the thingies didn’t have the appropriate…