Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation

…where Facebook’s user agreement belongs on this chimeral clickwrap-browsewrap spectrum, saying that the agreement has some browsewrap aspects (because the terms were actually linked, not presented in full on the…

Evidentiary Failings Undermine Arbitration Clauses in Online Terms

…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” Enforced Against Kids–EKD v. Facebook…

Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion

…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” Enforced Against Kids–EKD…

Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers

…Amazon’s Terms of Service–Fagerstrom v. Amazon The “Browsewrap”/”Clickwrap” 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…

Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link

…Phone Accounts: The court says that the accounts created through the IVR system are subject to the same contract rules as any other medium. The court finds the “browsewrap” cases…

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

…Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook Facebook’s “Browsewrap” Enforced Against Kids–EKD v….

Court Enforces Arbitration Clause in Amazon’s Terms of Service–Fagerstrom v. Amazon

…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” Enforced Against…

Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google

…Related cases: “Venue Clause in YouTube Terms of Service Upheld–Song Fi v. Google” “Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement” “23andMe’s Browsewrap Fails, But Its…

Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement

…formation at the point of purchase was imperfect, but 23andme fixed the issue through a later online registration. (“23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe“.) Interestingly,…

Clickthrough Agreement Upheld–Whitt v. Prosper

…ShutterStock It’s refreshing to see the court sidestep all of the nonsense over whether Prosper’s agreement should be characterized as a clickwrap, browsewrap, bubblewrap, bacondoublecheesewrap or something else. Once we…