Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber
…is a “browsewrap” agreement; and (4) the pop-up blocked his view of the terms of service. The court dismisses the first three arguments, specifically noting that Uber’s terms are not…
Retailer’s TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway
…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 Tel*Link 2H…
Top 10 Internet Law Developments of 2016
…question. * Anarchy Rules Online Contract Formation Law. I will metaphorically shank anyone who uses the term “browsewrap” non-sarcastically in my presence. * FTC Sues 1-800 Contacts Over Competitive Restrictions…
Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb
…Formation Trying to sort through the nomenclature confusion created by the Berkson v. GoGo and 9th Circuit’s Nguyen) opinions, the court tries to taxonomize online contracts: A “browsewrap” agreement is…
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…
Judge Declines to Enforce Uber’s Terms of Service–Meyer v. Kalanick
…“click-through” and “browsewrap”) and says clickwrap agreements “are more readily enforceable” because the user is on inquiry notice of the agreement. The court says that Uber’s is not a clickwrap…
Want An Enforceable Online Contract? Don’t Use A Footer Link Called “Reference”–Zajac v. Walker
…calls the TOU a browsewrap but I’ll overlook that transgression): Merely including terms of use on a website is not sufficient to incorporate those terms into legal relations between the…
Courts Approve Terms of Service-Based Arbitration Clauses for Uber and Groupon
…Case–In re Facebook 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”…
“Modified Clickwrap” Upheld In Court–Moule v. UPS
…should be categorizable as “clickwraps” or “browsewraps” * courts usually enforce clickwraps but not browsewraps * despite the categories, courts don’t view clickwraps and browsewraps as abutting circles on a…
Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com
…browse offers. As you can infer, this sends us into “browsewrap” territory, and what an ugly destination that is. Without the clickthrough, the court should say, easily and with confidence,…