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7th Cir. Holds Customer Did Not Agree to Online Contract, Adopts ‘Reasonable Communicativeness’ Test
  • Maurice Wutscher LLP
  • USA
  • May 13 2016

The U.S. Court of Appeals for the Seventh Circuit recently held that, under Illinois law, a website must provide a user reasonable notice that use of

User Without Notice of Online Agreement Cannot Be Compelled to Arbitrate
  • Holland & Knight LLP
  • USA
  • April 28 2016

It is uncontroversial to posit that most people sign far more contracts online than the time-honored method, ubiquitous during the pre-Internet era

Seventh Circuit holds no agreement entered into with respect to on-line contract
  • Carlton Fields
  • USA
  • April 28 2016

This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a

Arbitration Clauses May Limit Exposure to TCCWNA Class Action Trend Targeting Online Sales in New Jersey
  • Baker & McKenzie
  • USA
  • April 19 2016

Any company that makes sales through the Internet to New Jersey consumers should be aware of a recent trend in consumer class actions based on New

Don’t Browse Over Your Website Disclosures
  • Venable LLP
  • USA
  • April 11 2016

Litigation surrounding the enforceability of website terms isn't new. Indeed, back in 2014, we blogged about the Nyugen case. Yet, courts continue to

Seventh Circuit finds no enforceable arbitration agreement case involving Chicago-based credit reporting company
  • BuckleySandler LLP
  • USA
  • April 8 2016

Recently, the U.S. Court of Appeals for the Seventh Circuit issued an opinion affirming a district court’s denial of a credit reporting company’s

California Court of Appeal Weighs in on Enforceable “Browsewrap” Arbitration Agreements in ProFlowers Case
  • Morrison & Foerster LLP
  • USA
  • April 5 2016

The California Court of Appeal (2d App. Dist., Div. 3) recently joined the ever-evolving body of case law addressing the enforceability of so-called

When Terms of Use Are Not Enough - Lessons from Long v. Provide Commerce, Inc.
  • Andrews Kurth LLP
  • USA
  • April 1 2016

The California Court of Appeals recently determined that the hyperlink to a website terms of use was not binding on users. In Long v. Provide

Warning: Your "Terms of Use" May Not Bind Website Users
  • Tucker Ellis
  • USA
  • March 22 2016

On March 17, a California Court of Appeals confirmed a lower court's refusal to compel arbitration of consumer fraud claims where the agreement to

Purchasing Flowers Ends in Reforming Browsewrap Agreements
  • Fenwick & West LLP
  • USA
  • March 22 2016

A California Court of Appeal has taken its first stance on the website design requirements necessary for an enforceable browsewrap agreement. On