FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)
…swipe of their finger ─ all from the convenience of 3-inch by 6-inch smartphone screen. Applying the Ninth Circuit’s Berman case, the court says Uber’s contract formation was a “browsewrap.”…
Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer
…language from Nguyen v. Barnes & Noble Inc. that we see in every browsewrap case. 763 F.3d 1171, 1175-76 (9th Cir. 2014). [Eric’s note: “browsewrap” is also verboten.] But dig…
Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox
…“Browsewrap”/”Clickwrap” Distinction Is Falling Apart * 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe * Court Blesses Instagram’s Right to Unilaterally Amend Its User Agreement–Rodriguez v. Instagram…
Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
…Distinction Is Falling Apart What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe Facebook’s “Browsewrap”…
If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?
…In Courts’ 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’…
California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)
…done so (Long v. Provide Commerce, Inc. (2016) 245 Cal.App.4th 855, 862, 200 Cal.Rptr.3d 117 (Long).). Long addressed the enforceability of a browsewrap agreement. According to Do, no prior California…
Uber’s TOS Fails in Court (Again)–Sarchi v. Uber
…do, the opinion reviews the Berkson wrap taxonomy (browsewrap, sign-in wrap, clickwrap, scrollwrap) before ignoring the taxonomy in its analysis. The court identifies three components of a wrap analysis: “Conspicuous…
Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
…may have accepted the label because browsewraps usually fail in court. Nevertheless, the court, like some others before it, says that browsewraps might be enforceable if consumers had sufficient notice…
Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon
…Biometric Information Privacy Litigation Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global…
Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon
…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 Apple for In-App Purchases…