Uber’s TOS Fails in Court (Again)–Sarchi v. Uber
…do, the opinion reviews the Berkson wrap taxonomy (browsewrap, sign-in wrap, clickwrap, scrollwrap) before ignoring the taxonomy in its analysis. The court identifies three components of a wrap analysis: “Conspicuous…
Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
…may have accepted the label because browsewraps usually fail in court. Nevertheless, the court, like some others before it, says that browsewraps might be enforceable if consumers had sufficient notice…
Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon
…Biometric Information Privacy Litigation Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global…
Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon
…Formation (Round Up Post)” “Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook” “Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook.” “Parents’ Lawsuit Against Apple for In-App Purchases…
TOS Isn’t a Browsewrap or a Clickwrap, But the Judge Upholds It Anyways–Regan v. Pinger
…a cross-reference to the TOS: Judge Koh’s analysis proceeds like so many other TOS formation cases. The opinion first recites the browsewrap/clickwrap distinction. Then, the court says the distinction doesn’t…
Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian
…topic I thought it was worth blogging. Related posts: * What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble * 23andMe’s Browsewrap Fails, But Its Post-Purchase…
Court Sends Wyze Labs Privacy Suit to Arbitration
…Online Contracting Practices The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook Court Disregards Check-the-Box Agreement…
Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz
…and “browsewrap” definitions and, as usual, says they don’t apply: “The Skillz agreement falls somewhere between browsewrap and clickwrap: users do not have to take an extra step to acknowledge…
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…
Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch
…says yes. The court runs through the standard clickwrap/browsewrap definitions but says “Mere classification of a web-based contract as a “clickwrap agreement” or a ‘browsewrap agreement,’ however, does not necessarily…