Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber
…of the clickwrap/browsewrap distinction, saying “our analysis regarding the existence of an arbitration agreement is not affected by how we categorize the online contract at issue here.” If you’re all…
Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris
…to digress into the “clickwrap”/”browsewrap” online contract formation rabbit hole, with cites to Specht, Nguyen, Zappos, & Fteja. With little gained from the digression, the court considers whether the petition’s…
Ninth Circuit Blesses Amazon’s Terms of Service
…v. TransUnion Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)…
Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster
…either a browsewrap or a clickwrap, or worse, saying that it’s some of both. It’s a strong clue that the browsewrap-clickwrap definitions are terrible when they fail more often than…
Uber’s Contract Upheld in Second Circuit–Meyer v. Uber
…“browsewraps” to “sign-in wraps” to “scrollwraps.” This particular agreement does not appear to fit neatly into any of those categories, in that at the time of sign-up, the user is…
Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft
…right? First, the court calls this implementation a “modified clickwrap” and says a “modified clickwrap agreement is similar to a browsewrap in that the user is not required to scroll…
Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber
…is a “browsewrap” agreement; and (4) the pop-up blocked his view of the terms of service. The court dismisses the first three arguments, specifically noting that Uber’s terms are not…
Retailer’s TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway
…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 Tel*Link 2H…
Top 10 Internet Law Developments of 2016
…question. * Anarchy Rules Online Contract Formation Law. I will metaphorically shank anyone who uses the term “browsewrap” non-sarcastically in my presence. * FTC Sues 1-800 Contacts Over Competitive Restrictions…
Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb
…Formation Trying to sort through the nomenclature confusion created by the Berkson v. GoGo and 9th Circuit’s Nguyen) opinions, the court tries to taxonomize online contracts: A “browsewrap” agreement is…