Print Ad’s “Terms and Conditions” Don’t Create Binding Arbitration Clause–Soliman v. Subway
Subway ran a promotion offering deals if customers signed up for text messages. The stores displayed the following print ad: The language in the bottom right: Limited Time Only. Message and data rates may apply. Max10msgs/mo-Msgs may be autodialed from…
California Court Holds Amazon Strictly Liable for Marketplace Items Amazon Didn’t Fulfill–Loomis v. Amazon
This is another lawsuit over a fiery Chinese-manufactured hoverboard sold through Amazon’s marketplace. In Bolger v. Amazon from August 2020, a California appellate court held that Amazon was strictly liable for marketplace items it fulfilled, and Section 230 immunity didn’t…
Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon
Minors allege that Amazon’s Alexa service improperly stores or utilizes their voiceprints. The district court denied Amazon’s request to force arbitration of the claims based on the fact that the plaintiffs, who were minors, were not signatories (or had not…
CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart
This is a data breach lawsuit against Walmart in which plaintiff (on his own behalf and on behalf of a putative class) asserts that his data is being currently sold on the dark web. Plaintiff asserted the typical claims, but…
Massachusetts Supreme Court Says Turo Doesn’t Qualify for Section 230…Sometimes…–Massport v. Turo
Turo facilitates peer-to-peer car rentals. It provided an option for users to pickup/dropoff at Logan Airport, but Turo took the position that it wasn’t a car rental service pursuant to the applicable regulations. The airport authority (Massport) sued Turo and…
11th Circuit Says Grocery Store Website Isn’t Covered by the ADA–Gil v. Winn-Dixie
Winn-Dixie is a major grocery store chain in the South. Their website offers multiple functions, but does NOT take grocery orders online. The website features at issue in this case are the ability to refill prescriptions online and to link…
512(f) Preempts Tortious Interference Claim–Copy Me That v. This Old Gal
“Copy Me That” (I’m pretty sure no IP lawyer recommended that name–it’s like a confession for copyright defendants) makes an app to help users manage recipes. “This Old Gal” (again, who comes up with these names?) publishes recipes. This Old…
There Are Multiple Types of “Clickwrap.” They Should All Be Enforceable–Calderon v. Sixt
This case involves rental car contracts. Typically, a rental car company can form a contract at three different times: when making an online reservation, when actually completing the reservation in person (nowadays, usually it’s an electronic signature on a point-of-sale…
New Essay: “The Crisis of Online Contracts (as Told in 10 Memes)”
I’m pleased to share my newest essay, “The Crisis of Online Contracts (as Told in 10 Memes),” which describes the “crisis” of overly formalist contract assent doctrines online in a brief, breezy, and (I hope) fun format. The essay’s key…
TOS Isn’t a Browsewrap or a Clickwrap, But the Judge Upholds It Anyways–Regan v. Pinger
This case doesn’t break much new ground doctrinally, but it’s a characteristically clear opinion from Judge Koh that offers some helpful lessons/reminders. The app in question is called “Sideline,” “a paid service that allows users to create a ‘virtual,’ alternative…