Court Sends Wyze Labs Privacy Suit to Arbitration

…Online Contracting Practices The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook Court Disregards Check-the-Box Agreement…

Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz

…and “browsewrap” definitions and, as usual, says they don’t apply: “The Skillz agreement falls somewhere between browsewrap and clickwrap: users do not have to take an extra step to acknowledge…

Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

We blogged Nicosia v. Amazon in 2015 and 2016. (See “The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart”; “Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post).”) A…

Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch

…says yes. The court runs through the standard clickwrap/browsewrap definitions but says “Mere classification of a web-based contract as a “clickwrap agreement” or a ‘browsewrap agreement,’ however, does not necessarily…

Lime’s User Agreement Sends Another Case to Arbitration–Babcock v. Neutron

…TOS arbitration clause. The court calls the TOS a “hybrid” between clickwrap and browsewrap (UGH), but it was still enforceable because: Right above the “register” button on Netgear’s webpage is…

Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Amazon

…Handling of Online Contract Formation (Round Up Post)” “Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook” “Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook.” “Parents’ Lawsuit Against…

Court Enforces Arbitration Clause in “Modified Clickwrap”–Chen v. Sierra Trading Post

…been uniform in their treatment of ‘clickwrap’ or ‘browsewrap’ agreements.” Like so many courts before, this court says this UI isn’t either a clickwrap or browsewrap. Instead, the court calls…

2H 2018 Quick Links, Part 4 (Trespass, Contracts)

…Lopez v. Terra’s Kitchen, LLC, 2018 WL 4489588 (S.D. Cal. Sept. 19, 2018): “The Court finds that the agreement at issue in this case is a browsewrap [Eric’s comment: ugh]…

Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge

…is a helpful counterweight to some possibly contrary intimations from the Second Circuit’s Meyer ruling (Note: this is another case where the court laments the failings of the clickwrap/browsewrap nomenclature:…

Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber

…of the clickwrap/browsewrap distinction, saying “our analysis regarding the existence of an arbitration agreement is not affected by how we categorize the online contract at issue here.” If you’re all…