Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice--Alkutkar v. Bumble

Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble

Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its…

Section 230 Protect Apple's App Store from Claims Over Cryptocurrency Theft--Diep v. Apple

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

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 in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’…

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

This is one of the dozens of lawsuits alleging that social media services addict kids. Those cases cover the same ground as CA AB 2408, which recently died in the California legislature. The plaintiffs’ lawyers are proceeding in court anyway….

Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client

Knapke sued PeopleConnect for alleged violations of her publicity rights under Ohio law. PeopleConnect moved to compel arbitration on the basis that Knapke’s counsel Reilly assented to the terms of service in the course of his pre-filing investigative efforts. The…

Quick Links from the Past Year, Part 8 (Editorial Transparency)

Quick Links from the Past Year, Part 8 (Editorial Transparency)

* NY Assembly Bill A7865A. A dangerous new mandatory editorial transparency law to supplement Florida and Texas. Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a…

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

By Guest Blogger Tyler Ochoa Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not…

Another Account Suspension Case Yeeted--Rangel v. Dorsey

Another Account Suspension Case Yeeted–Rangel v. Dorsey

Rangel has the Twitter alias “religiouserpico”: Twitter suspended him after he tweeted “HANG THEM ALL” (did God approve that???). He sued pro se. The court yeets his lawsuit. Claim Against Jack Dorsey. “Out of millions of Twitter accounts, it is…

Dropbox's TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)--Sifuentes v. Dropbox

Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

This is a troubling ruling on TOS amendments. 🚨🚨🚨  It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread…

Quick Links from the Past Year, Part 7 (Section 230)

Quick Links from the Past Year, Part 7 (Section 230)

* FTC v. Match Group LLC, 2022 WL 877107 (N.D. Tex. March 24, 2022). A rare and surprisingly bad loss for the FTC on Section 230. The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many…

Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)

Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)

I’m continuing my coverage of dangerous Internet bills in the California legislature. This job is especially challenging during an election year, when legislators rally behind the “protect the kids” mantra to pursue bills  that are likely to hurt, or at…