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,…
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….