How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)
By Eric Goldman In re Zappos.com Inc., Customer Data Security Breach Litigation, 2012 WL 4466660 (D. Nev. Sept. 27, 2012). In January, Zappos (part of $AMZN) announced a massive data security breach affecting 24 million consumers. As typically happens in these…
Q3 2012 Quick Links, Part 5 (E-Commerce, Miscellaneous)
By Eric Goldman and Jake McGowan E-Commerce * Noll v. eBay, 2012 WL 1413442 (N.D. Cal. April 23, 2012). The Complaint. eBay’s “Good ‘Til Canceled” fees survive a legal challenge. * Porras v. StubHub: StubHub not liable for tickets that…
Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng? (Guest Blog Post)
By Guest Blogger Marketa Trimble Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng? (A Template for an Interpretation of the Copyright Act that Ignores the Place of Manufacture and Provides a Free Choice between the…
9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
[Post by Venkat Balasubramani, with a comment from Eric] Chesbro v. Best Buy Stores, L.P., No. 11-35784 (9th Cir. Oct. 17, 2012) [pdf] The Ninth Circuit has issued a few consumer-favorable rulings in the unsolicited text and phone call realm….
A Reward Offer Still An Offer, Even if It’s Made on YouTube – Augstein v. Ryan Leslie
[Post by Venkat Balasubramani, with comments from Eric] Augstein v. Leslie, 2012 WL 4928914 (S.D.N.Y. Oct. 17, 2012). As the post’s title implies, this case is about a reward offer that the plaintiff is trying to enforce. Ryan Leslie, a…
Sony Network Data Breach Class Action Suffers Setback — In re Sony Gaming Networks
[Post by Venkat Balasubramani] In re Sony Gaming Networks and Customer Data Security Breach Litigation, 2012 WL 4849054 (S.D. Cal.; Oct. 11, 2012) This is a class action arising out of a hack of Sony’s online gaming network. The hacks…
Second Circuit Says Arbitration Clause in Terms Emailed After-the-Fact Not Enforceable – Schnabel v. Trilegiant
[Post by Venkat Balasubramani with comments by Eric] Schnabel v. Trilegiant, 2012 U.S. App. LEXIS 18875 (2d Cir.; Sept. 7, 2012) Eric recently blogged at Forbes about a terms of service gaffe by Zappos that prevented Zappos from being able…
Judge Dismisses Claims Against Pandora for Violating Michigan’s Version of the VPPA – Deacon v. Pandora Media
[Post by Venkat Balasubramani] Deacon v. Pandora Media, Inc., 2012 WL 4497796 (N.D. Cal.; Sept. 28, 2012) The plaintiffs sued Pandora for improperly disclosing their “listening history” and related information (bookmarked tracks, stations, recent activity, and bookmarked artists). Plaintiffs alleged…
Lovelorn Plaintiffs Strike Out Against Match.com – Robinson v. Match.com
[Post by Venkat Balasubramani] Robinson v. Match.com, 10-CV-2651-L (N.D. Tex. Aug. 10, 2012) [pdf] This is another suit brought by users of a dating site who claim that a dating site deceptively leaves inactive users in its system, thus reducing…
Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
[Post by Venkat Balasubramani] Lane v. Facebook, 10-16380 (9th Cir. Sept. 20, 2012) Facebook’s Beacon initiative has generated more than a few blog posts. Judge Seeborg approved the class settlement, over the objections of several objectors, including Ginger McCall. The…