In This Issue:

- To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

- “Operation Full Disclosure”: FTC Warns Advertisers to Check the Fine Print

- New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?

- Breaking Old Ground: California Again Amends Data Security Breach Law

- Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

- UK Financial Services Regulator Issues Draft Guidance on Social Media: Should We Favorite or Fail?

- Excerpt from To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause:

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use agreement not affirmatively “click accepted” by the consumer but readily accessible through a hyperlink at the bottom left of each page on the subject website.

The case arose from a “fire sale” by defendant Barnes & Noble of certain discontinued Hewlett Packard TouchPads. Plaintiff Nguyen had ordered two of the TouchPads, but received a notice from Barnes & Noble the following day that his order had been cancelled due to unexpectedly high demand. Nguyen sued Barnes & Noble in California Superior Court on behalf of himself and a putative class, arguing that he was forced to buy a more expensive tablet instead.