Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
This is the latest dubious Internet Law ruling from the Eighth Circuit. (Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch). In this ruling, the court says Walmart may have imposed a binding arbitration clause…
Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon
This is the latest update in Nicosia’s multi-year lawsuit against Amazon. That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The district court found Nicosia was bound by the arbitration agreement in Amazon’s terms of…
Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed
This is a lawsuit against Nike and its service provider (FullStory), which provides Nike with “session replay” functionality for its website. FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information,…
Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton
This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom,…
Section 230 Protects Securities Exchange–Saveene v. Remo
This case involves an alleged case of corporate hijacking. The plaintiff alleges that it bought a controlling interest in a corporate entity opaquely named American Diversified Holdings Corp. (“ADHC”) from Remo. Remo then allegedly dissolved the Nevada entity and, without…
TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi
This is a scraping lawsuit brought by Southwest airlines against Kiwi.com. The court issues an injunction restricting Kiwi from scraping Southwest’s website. Southwest does not allow online travel agencies to sell Southwest flights without the approval of Southwest. Its terms…
The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces
[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act, which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a…
My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll
There are dozens of federal lawsuits captioned “Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto.” Last month, in one of them, I filed a declaration stating that “Emojico appears…
The ADA Doesn’t Apply to Online Newspaper Website (Again)–Winegard v. Newsday
The plaintiff is deaf. He is a serial litigant (“By this Court’s count, Mr. Winegard had filed at least forty-four ADA lawsuits in this district alone as of August 16, 2021”). He says that he can’t watch video on the…
Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe
Instacart uses Stripe as a payment processor. Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. This is what the court’s opinion had. The applicable disclosures are in the bottom right…