Courts Are Rejecting Attempts to Weaponize Laws That Protect Consumer Reviews

Courts Are Rejecting Attempts to Weaponize Laws That Protect Consumer Reviews

In 2014, California enacted AB2365, sometimes called the “Yelp law,” codified at Cal. Civil Code 1670.8. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Its main substantive terms: (1) A contract or proposed contract for the…

MA Supreme Court Blesses Uber's TOS Clickthrough Formation--Good v. Uber

MA Supreme Court Blesses Uber’s TOS Clickthrough Formation–Good v. Uber

This opinion addresses the aftermath of an Internet lawyer’s nightmare. In Kauders v. Uber Techs., 486 Mass. 557 (Mass. Sup. Ct. Jan. 4, 2021), the Massachusetts Supreme Court struck down Uber’s TOS because it wasn’t properly formed. Maybe I missed…

NC Supreme Court Blesses Unilateral TOS Amendment to Add an Arbitration Clause--Canteen v. Charlotte Metro CU

NC Supreme Court Blesses Unilateral TOS Amendment to Add an Arbitration Clause–Canteen v. Charlotte Metro CU

In 2014, Phillips opened a checking account at Charlotte Metro Credit Union (CMCU) and “entered into a standard membership agreement.” The agreement included a unilateral amendments provision saying that CMCU “may change the terms of this Agreement. We will notify…

Misjoinder Dooms SAD Scheme Patent Case--Wang v. Schedule A Defendants

Misjoinder Dooms SAD Scheme Patent Case–Wang v. Schedule A Defendants

35 U.S.C. § 299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but…

Ninth Circuit Upholds "Sign-in-Wrap"--Keebaugh v. Warner Bros.

Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. Warner Bros.

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the…

They Should Have Used a Dickwrap–Weeks v. Interactive Life Forms

Brinan Weeks claims to be a comedian. I strongly suspect this lawsuit is an extension of his routine or that he’s using it to generate new material. He claims: he purchased a device called a Stamina Training Unit (STU) from…

Section 230 Preempts Clean Air Act Lawsuit Over “Defeat Device” Apps—U.S. v. EZ Lynk

Section 230 Preempts Clean Air Act Lawsuit Over “Defeat Device” Apps—U.S. v. EZ Lynk

This case involves “defeat devices.” When installed on a car, they suppress or bypass emission controls designed to protect the environment. It’s terrible that anyone uses defeat devices because we urgently must do more, not less, to prevent climate change….

Roblox Must Defend Illegal Gambling Claims--Colvin v. Roblox

Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox

[A reminder that I don’t do April Fools’ pranks.] The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” Users can buy Robux and exchange them on the platform for in-game experiences….

TOS Formation Isn't Hard to Do Right...Is It?--Tejon v. Zeus

TOS Formation Isn’t Hard to Do Right…Is It?–Tejon v. Zeus

Zeus Networks is a paywalled video site of “influencer”-produced content. 🙄 The plaintiffs allege that Zeus violated the VPPA. 🙄🙄 Zeus tries to direct the lawsuit to arbitration per its TOS, but the court says its TOS failed. Here’s the…

Ninth Circuit Does More Ninth Circuit Things in its Latest Section 230 Ruling--Diep v. Apple

Ninth Circuit Does More Ninth Circuit Things in its Latest Section 230 Ruling–Diep v. Apple

Yet another cryptocurrency fraud case. 🙄 I previously described this case: This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k…