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Arbitration Agreements Terms and Conditions Arbitration

Troutman Pepper

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

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A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

Troutman Pepper

Arbitration Clause Rendered Illusory and Unenforceable by Unilateral Amendment Clause, Says Virginia Federal District Court

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In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...more

Troutman Pepper

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

Troutman Pepper on

In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Carlton Fields

Ninth Circuit Reverses Denial of Motion to Compel Arbitration

Carlton Fields on

The Ninth Circuit Court of Appeals recently reversed a district court’s decision to deny a motion to compel arbitration in a case involving a request to refund the cost of airline tickets after a cancellation....more

Kilpatrick

Conflicting online terms – E.D. Va. rules that “arbitrability delegation” clause requires that arbitrator resolve conflict

Kilpatrick on

Takeaway: We have written many articles about the use of consumer-facing terms containing mandatory arbitration agreements. “Clickwrap” agreements – agreements that require consumers affirmatively to accept terms – are the...more

Kilpatrick

Second Circuit rules that “account update” mailed by bank failed to bind customer to arbitration agreement/class action waiver

Kilpatrick on

Takeaway: We have written many articles about how businesses seek to enter enforceable arbitration agreements containing class action waivers with their customers, whether through “browsewrap” or “clickwrap” agreements or by...more

Kilpatrick

Second Circuit reverses district court, ruling that website interface provided reasonable notice of arbitration agreement and that...

Kilpatrick on

Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be...more

Orrick, Herrington & Sutcliffe LLP

Colorado appeals court says electronic bank statement provided constructive notice of updated terms

On May 4, the Colorado Court of Appeals held that a plaintiff had constructive notice of updated terms and conditions in her membership agreement with a defendant credit union, which included an arbitration agreement with an...more

Ballard Spahr LLP

Try as they might, state courts cannot override the FAA in enforcing online arbitration agreements

Ballard Spahr LLP on

A recent Law360 article notes that “a growing number of state court rulings” have invalidated arbitration agreements in online contracts. As an example of this “trending pushback” by state courts, the article discusses...more

Ballard Spahr LLP

Ninth Circuit revisits standards for enforcing online arbitration provisions

Ballard Spahr LLP on

Recently, the Ninth Circuit Court of Appeals reexamined when use of a website can bind a consumer to hyperlinked “terms and conditions” containing an arbitration provision that the consumer never saw or read. Affirming the...more

Carlton Fields

First Circuit Concludes App User Is Bound by Arbitration Clause in App’s Terms and Conditions

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The First Circuit Court of Appeals recently concluded that an app user had sufficient notice of and was bound by an arbitration clause in the app’s terms and conditions. The court rejected the user’s arguments that, among...more

Farella Braun + Martel LLP

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home...more

Proskauer - Minding Your Business

Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions

The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon. When consumers sign up for these services or place their...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

Carlton Fields

SDNY Finds Insurer, As Subrogee, Lacked Authority to Enforce Arbitration Clause in Fuel Delivery Contract

Carlton Fields on

The Southern District of New York declared that plaintiff Monjasa A/S was not bound by an arbitration agreement to which neither it nor the defendant was a party. The case stems from a fuel delivery contract between two...more

Sheppard Mullin Richter & Hampton LLP

Questions To Ask When Changing Your Arbitration Clause

In a prior post , we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to those clauses, then companies should consider...more

Carlton Fields

Court Denies Vimeo’s Motion to Compel Arbitration of Purported Class Action Claims Under Illinois Biometric Information Privacy...

Carlton Fields on

Vimeo Inc. sought to compel arbitration of putative class claims brought by Bradley Acaley relating to the use of Magisto, a video creation app. Acaley claimed that the app’s use of face-geometry scan technology violated the...more

King & Spalding

Ninth Circuit Rejects Mobile App Arbitration Agreement in Case of First Impression

King & Spalding on

On December 20, 2019, the Ninth Circuit affirmed a Washington district court’s order denying Huuuge Inc.’s bid to arbitrate claims brought on behalf of a putative class of all smartphone users of its casino gaming...more

Mintz - Arbitration, Mediation, ADR...

Incorporation by Reference of a Commercial Contract’s Arbitration Clause Can Bind a Non-Signatory Performance Bond Surety

Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common law basis for binding the incorporating parties to the incorporated terms....more

Carlton Fields

Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable

Carlton Fields on

SquareTrade, Inc. (“SquareTrade”) sells protection plans for consumer products. Adam Starke (“Starke”) purchased a SquareTrade plan from Amazon to cover a CD player ordered from Staples....more

Proskauer - New Media & Technology

Digital Currency App’s Electronic User Agreement Held Enforceable

In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were...more

Proskauer - New Media & Technology

Notice of Terms via Buried Link within a Post-Sale Email Unenforceable

In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service’s motion to compel arbitration, finding that the user did not have reasonable...more

Fisher Phillips

Gig Businesses Get Clickwrapped Gift From Massachusetts Court Right In Time For Christmas

Fisher Phillips on

On the eve of the holidays, gig businesses got a gift in the form of a ruling from a Massaschusetts federal court where a clickwrap agreement was held to be sufficient to bind a worker to an arbitration clause. The ruling in...more

Seyfarth Shaw LLP

Court Of Appeals Says Blind Plaintiff is Not Bound By a Written Agreement to Arbitrate That He Could Not Read

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to thempo is not binding....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

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