A Reward Offer Still An Offer, Even if It’s Made on YouTube – Augstein v. Ryan Leslie
[Post by Venkat Balasubramani, with comments from Eric] Augstein v. Leslie, 2012 WL 4928914 (S.D.N.Y. Oct. 17, 2012). As the post’s title implies, this case is about a reward offer that the plaintiff is trying to enforce. Ryan Leslie, a…
Sony Network Data Breach Class Action Suffers Setback — In re Sony Gaming Networks
[Post by Venkat Balasubramani] In re Sony Gaming Networks and Customer Data Security Breach Litigation, 2012 WL 4849054 (S.D. Cal.; Oct. 11, 2012) This is a class action arising out of a hack of Sony’s online gaming network. The hacks…
Second Circuit Says Arbitration Clause in Terms Emailed After-the-Fact Not Enforceable – Schnabel v. Trilegiant
[Post by Venkat Balasubramani with comments by Eric] Schnabel v. Trilegiant, 2012 U.S. App. LEXIS 18875 (2d Cir.; Sept. 7, 2012) Eric recently blogged at Forbes about a terms of service gaffe by Zappos that prevented Zappos from being able…
Judge Dismisses Claims Against Pandora for Violating Michigan’s Version of the VPPA – Deacon v. Pandora Media
[Post by Venkat Balasubramani] Deacon v. Pandora Media, Inc., 2012 WL 4497796 (N.D. Cal.; Sept. 28, 2012) The plaintiffs sued Pandora for improperly disclosing their “listening history” and related information (bookmarked tracks, stations, recent activity, and bookmarked artists). Plaintiffs alleged…
Lovelorn Plaintiffs Strike Out Against Match.com – Robinson v. Match.com
[Post by Venkat Balasubramani] Robinson v. Match.com, 10-CV-2651-L (N.D. Tex. Aug. 10, 2012) [pdf] This is another suit brought by users of a dating site who claim that a dating site deceptively leaves inactive users in its system, thus reducing…
Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
[Post by Venkat Balasubramani] Lane v. Facebook, 10-16380 (9th Cir. Sept. 20, 2012) Facebook’s Beacon initiative has generated more than a few blog posts. Judge Seeborg approved the class settlement, over the objections of several objectors, including Ginger McCall. The…
Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs (Forbes Cross-Post)
Cafepress.com ($PRSS) provides a popular user-to-user marketplace websites that allows users to upload logos or slogans and sell items bearing those logos or slogans, which Cafepress.com manufactures on demand (a so-called “print-on-demand” service). Like any other user-generated content website, there’s always…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…
Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
[Post by Venkat Balasubramani] Nguyen v. Barnes & Noble, 12-cv-0812-JST (RNBx) (C.D. Cal.; Aug. 28, 2012) Plaintiff tried to purchase an HP “TouchPad” tablet that was on sale because the model was being discontinued by HP. According to plaintiff, he…
Virtual (SuperPoke!) Pet Owners Must Arbitrate Their Claims Against Google and Slide — Abreu v. Slide
[Post by Venkat Balasubramani] Abreu v. Slide, Inc., 12 0042 WHA (N.D. Cal.; July 12, 2012) This is a motion to compel arbitration filed by Google and Slide, the developer of SuperPoke! Pets. As mentioned by Eric in this initial…