Rounding Up Two Online Contract Formation Cases
…invoked the arbitration clause in its user agreement. Like so many courts nowadays, the court says Lime’s contract formation wasn’t a clickwrap or browsewrap but instead a “hybrid of the…
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…
Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris
…to digress into the “clickwrap”/”browsewrap” online contract formation rabbit hole, with cites to Specht, Nguyen, Zappos, & Fteja. With little gained from the digression, the court considers whether the petition’s…
Ninth Circuit Blesses Amazon’s Terms of Service
…v. TransUnion Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)…
Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster
…either a browsewrap or a clickwrap, or worse, saying that it’s some of both. It’s a strong clue that the browsewrap-clickwrap definitions are terrible when they fail more often than…
Uber’s Contract Upheld in Second Circuit–Meyer v. Uber
…“browsewraps” to “sign-in wraps” to “scrollwraps.” This particular agreement does not appear to fit neatly into any of those categories, in that at the time of sign-up, the user is…
Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft
…right? First, the court calls this implementation a “modified clickwrap” and says a “modified clickwrap agreement is similar to a browsewrap in that the user is not required to scroll…