News & Analysis as of

Consumer Contracts Unenforceable Contract Terms

Nutter McClennen & Fish LLP

Nutter Bank Report: June 2024

The CFPB, as part of its initiative to accelerate the shift to open banking in the United States, issued a final rule on June 5 that outlines the qualifications to become a recognized industry standard setting body, which can...more

Burr & Forman

Formation and Enforcement of Online Contracts

Burr & Forman on

Businesses expect to rely on the electronic contracts that consumers enter into through online transactions, including arbitration agreements and other terms of use. But, businesses are not always successful in doing so. This...more

Clark Hill PLC

In Form Contracts, Don't Silence Consumers with Gag Clauses: FTC's Consumer Review Fairness Act

Clark Hill PLC on

By now, virtually all companies understand the importance and power of consumer reviews, both for and against them, and reviews of their competitors. Especially since negative reviews dampen purchases, companies often attempt...more

Fox Rothschild LLP

The FTC Wants Honest Customer Reviews

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The Federal Trade Commission (FTC), which enforces federal consumer protection and antitrust laws with the goal of promoting competition while protecting consumers from fraud, deception, and unfair business practices, has...more

Genova Burns LLC

New Jersey Supreme Court Rules Mis-Labeled Arbitration Provision in Consumer Contract Unenforceable

Genova Burns LLC on

A day after the U.S. Supreme Court issued a decision seen as pro-arbitration – see our January 10, 2019 Blog Post, Arbitrator to Decide Whether Dispute is Subject to Arbitration Even if Argument is “Wholly Groundless,”...more

Carlton Fields

First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable

Carlton Fields on

The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more

Blake, Cassels & Graydon LLP

SCC Decision Calls into Question Enforceability of Choice of Forum Clauses in Consumer Contracts

In June 2017, the Supreme Court of Canada (SCC) released its decision in Douez v. Facebook (Douez). The case concerned the application of a choice of forum clause included in Facebook’s terms of use to stay a class action...more

Bennett Jones LLP

Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty

Bennett Jones LLP on

Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations should carefully review...more

Sheppard Mullin Richter & Hampton LLP

Consumer Review Fairness Act’s Point of “No Return”

On December 14, 2016 the United States Congress passed an act known as the “Consumer Review Fairness Act of 2016” (“CRFA”). The stated goal of this new legislation is “to prohibit the use of certain clauses in form contracts...more

Hogan Lovells

New U.S. Federal Law Prohibits Contracts With “Anti-Yelping” Provisions

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Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form...more

Proskauer - New Media & Technology

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

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

K&L Gates LLP

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

K&L Gates LLP on

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

McDermott Will & Emery

According to the Paris Court of Appeal, the Jurisdiction Clause in Facebook’s Terms and Conditions Is Not Enforceable Against a...

McDermott Will & Emery on

References: Paris Court of Appeal, judgment rendered on 12 February 2016, docket # 15/08624 In a 12 February 2016 decision, the Paris Court of Appeal ruled that the jurisdiction clause provided for in Facebook’s general...more

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