blog.ericgoldman.org
FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links) - Technology & Marketing Law Blog
This is a consumer protection lawsuit against FitBit, now owned by Google. Google sought to send the case to arbitration based on the TOS provisions. The court sees this as a simple formation question because FitBit used a “clickwrap” (i.e.,...
Eric Goldman