Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

We blogged Nicosia v. Amazon in 2015 and 2016. (See “The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart”; “Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post).”) A recent Second Circuit ruling in favor of Amazon, while unpublished,…

Instagram User's Lawsuit Over Terminated Account Gets Revived (But Not For Long)--Teatotaller v. Facebook

Instagram User’s Lawsuit Over Terminated Account Gets Revived (But Not For Long)–Teatotaller v. Facebook

The plaintiff, a “queer hipster oasis” tea/coffee shop in Somersworth, NH, claims Instagram terminated its account without notice. It sued Instagram in small claims court for $9,999 and account restoration. There must be dozens or hundreds of similar lawsuits against…

Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯

Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯

We recently covered Sinclair v. Ziff Davis, addressing whether Instagram’s terms of service authorize a third party to publish photos posted to Instagram by embedding those photos online. The court in that case initially said yes. However, the court’s reconsideration…

Unhappy Google Advertiser’s Lawsuit Completely Falls Apart–Dreamstime v. Google

This is one of several lawsuits by unhappy Google advertisers, each claiming that Google screwed them out of Google’s self-interest. (A reminder that advertisers always feel screwed because they believe they deserve more customers for less money). Anti-Google lawsuits tend…

Court Upholds Formation of a Lengthy Contract Presented on a Mobile Device--Hidalgo v. AAU

Court Upholds Formation of a Lengthy Contract Presented on a Mobile Device–Hidalgo v. AAU

The plaintiffs are suing over a data breach. The defendant sought to invoke its arbitration clause in its membership agreement. The court finds the contract formed and sends the case to arbitration. The case involves the following screenshot as part…

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

by guest blogger Lourdes M. Turrecha, Privacy Tech & Law Fellow at Santa Clara Law [Eric’s Note: I am working on a mondo blog post about the AG’s final CCPA regulations. In the interim, I’m sharing this post from Lourdes…

Brokerage Account Formation Process Upheld--Valelly v. Merrill Lynch

Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch

The plaintiffs contend that their Merrill Lynch brokerage money was swept into unduly low-earning accounts. Among other things, they alleged breach of a quasi-contract, a claim that cannot work if there was an express contract. So, at issue in this…

Section 230 Ends Demonetized YouTuber's Lawsuit--Lewis v. Google

Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google

Lewis ran a YouTube channel called “Misandry Today.” Misandry is hatred of men, like misogyny but with reversed genders. I didn’t look at Lewis’ content but I worry that its examples of alleged misandry actually might be presented to advance…

Court Sends Google Assistant Privacy Lawsuit Back for a Redo

Court Sends Google Assistant Privacy Lawsuit Back for a Redo

This is a putative class action against Google alleging that Google Assistant actively listened (mistakenly) based on a misperceived voice command. The lawsuit complains about the fact that Google used the recordings from these “false accepts”. The court grants Google’s…

A Sure Way to Ruin My Day: The Phrase "Enforceable Browsewrap"--HealthplanCRM v. Avmed

A Sure Way to Ruin My Day: The Phrase “Enforceable Browsewrap”–HealthplanCRM v. Avmed

Cavulus is a software licensor. Avmed is the customer/licensee. Avmed decided to migrate from Cavulus to Salesforce, and it asked vendor NTT to help with the data migration. Avmed purportedly sublicensed software access to NTT (as the license allegedly permitted),…