Can EdTech Vendors Force Parents into Arbitration?–Shanahan v. IXL
…– I.B. v. Facebook Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook Parents’ Lawsuit Against Apple for In-App Purchases by Minor Children Moves Forward — In re Apple In-App Purchase Litigation…
Another “Sign-in-Wrap” TOS Formation Process Fails–Morrison v. Yippee
…categorizes this implementation as a “sign-in-wrap” (ugh). The court then says “sign-in wrap agreements…fall somewhere between browsewrap, which courts are reluctant to enforce, and clickwrap, which courts routinely enforce.” Notice…
Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation
…amendment provision in the TOS (even if it’s never used) puts the entire TOS in some legal jeopardy (see the uncited Blockbuster case); and “browsewraps” aren’t contracts at all. In…
X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
…incorporate a browsewrap on your platforms to catch those who don’t hold accounts. Simple. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare…
They Should Have Used a Dickwrap–Weeks v. Interactive Life Forms
…(I prefer to call it: “not a contract”). The court describes the general anti-browsewrap rule: Prior cases hold that so-called “browsewrap” provisions on a website, which deem a consumer to…
TOS Formation Isn’t Hard to Do Right…Is It?–Tejon v. Zeus
…wrap taxonomy and, like most other courts, chunks the taxonomization: “The agreement here is a form of a browsewrap agreement because it provides a link to a separate webpage with…
Tubi’s TOS Formation Fails–Campos v. Tubi
…content and/or other users) Last month, I blogged two cases where courts found enforceable browsewraps (though one was actually a clickthrough) (1, 2). (A reminder: the term “enforceable browsewrap” should…
Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG
…is complementary to the Ninth Circuit’s Running Warehouse ruling, which also found an “enforceable browsewrap” (even though that implementation was clearly what I’d call a clickthrough, not a browsewrap). Courts:…
Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse
…two-click process (a “clickwrap”). In an unfortunate move, the court calls these implementations “browsewraps.” They clearly are not. The Nguyen court defined browsewrap as “where the website’s terms and conditions…
Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)
…went further to say: The Messaging Agreement is a browsewrap agreement, as Plaintiff was not required to confirm his agreement with the terms, although he had to press the “GET…