Coursera Wins a TOS Formation Battle, But With Heavy Losses–Ghazizadeh v. Coursera
…screen: Looks like a standard sign-in-wrap (ugh) to me. Coursera argued it was a “hybrid sign-in-wrap” (UGH). The court says it’s “most like a ‘modified clickwrap agreement’ or ‘sign-in wrap.’”…
Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox
…WL 2673080 (N.D. Cal. June 29, 2022) Related Blog Posts * Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian * “Modified Clickwrap”…
Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon
…Ruling on “Special Offer” Class Claims Based on Concepcion — Swift v. Zynga “Modified Clickwrap” Upheld In Court–Moule v. UPS Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook…
There Are Multiple Types of “Clickwrap.” They Should All Be Enforceable–Calderon v. Sixt
…characterizations when I want to burn all of them to a crisp? [Jargon watch: I checked in Westlaw this morning and there are 16 case references to “modified clickwrap” and…
Court Enforces Arbitration Clause in “Modified Clickwrap”–Chen v. Sierra Trading Post
…this UI a “modified clickwrap,” a phrase we’ve seen before. The court says the defendant’s UI sufficiently confers inquiry notice on the plaintiff: Notably, the user does not need to…
Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge
…Airbnb’s Terms of Service–Selden v. Airbnb Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post) “Modified Clickwrap” Upheld In Court–Moule v. UPS Scraping Lawsuit Survives Dismissal…
Ninth Circuit Blesses Amazon’s Terms of Service
…Swift v. Zynga “Modified Clickwrap” Upheld In Court–Moule v. UPS Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation Defective Call-to-Action Dooms Online Contract Formation–Sgouros…
Uber’s Contract Upheld in Second Circuit–Meyer v. Uber
…Claims Based on Concepcion — Swift v. Zynga “Modified Clickwrap” Upheld In Court–Moule v. UPS Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation Defective…
Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft
…right? First, the court calls this implementation a “modified clickwrap” and says a “modified clickwrap agreement is similar to a browsewrap in that the user is not required to scroll…
Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber
…of Service-Based Arbitration Clauses for Uber and Groupon “Modified Clickwrap” Upheld In Court–Moule v. UPS Evidentiary Failings Undermine Arbitration Clauses in Online Terms Court Enforces Arbitration Clause in Amazon’s Terms…