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Class Action › Clickwrap Agreements › Websites

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
DarrowEverett LLP

Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use

DarrowEverett LLP on

Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more

Womble Bond Dickinson

Too Close for Comfort: Plaintiff's Ties to Class Counsel Leads to Denial of TCPA Class Action Certification

Womble Bond Dickinson on

Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more

Proskauer - New Media & Technology

Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract

Proskauer - New Media & Technology on

In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v....more

Foley & Lardner LLP

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of...

Foley & Lardner LLP on

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more

Ballard Spahr LLP

Second Circuit: Placing Order Online Did Not Bind Customer to Amazon’s Arbitration Provision

Ballard Spahr LLP on

In an important decision underscoring the challenges faced by retailers and others in enforcing online arbitration agreements with their customers, the U.S. Court of Appeals for the Second Circuit has reversed a district...more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

Proskauer - New Media & Technology on

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

BakerHostetler

Seventh Circuit Throws Out TransUnion’s Clickwrap Agreement and Incorporated Class Waiver

BakerHostetler on

In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The...more

Gray Reed

You’ve Looked At My Site And Now You Have Waived Your Right To Sue Me. Is That Legal?

Gray Reed on

I’ll admit, General Mills did not go that far. What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their...more

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