Contract Terms, Consumer Contracts, Appeals

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on 3/13/2025

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Fourth Circuit Affirms Denial of Motion to Compel Arbitration Finding Duty to Read a Contract Does Not Encompass Scrolling Through...

Troutman Pepper Locke on 10/7/2024

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...more

California Appellate Court Rules that Customer Agreed to Franchisor’s Arbitration Requirement in “Clickwrap” Agreement

Lathrop GPM on 1/22/2024

A state appellate court in California reversed a superior court’s denial of a massage franchisor’s motion to compel arbitration. Jane Doe #1 (I.G.) v. Massage Envy Franchising, LLC, 2023 WL 8801517 (Cal. Ct. App. Dec. 20,...more

Eleventh Circuit Affirms Order Compelling Arbitration of Cruise Liner Class Action

Carlton Fields on 8/31/2020

Plaintiffs filed a putative class action against Norwegian Cruise Lines claiming that Norwegian failed to disclose profits it earned when the plaintiffs elected to purchase travel insurance during the cruise booking process....more

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

Bradley Arant Boult Cummings LLP on 2/19/2020

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Tenth And Eleventh Circuits Buck Other Circuits Requiring Higher Showing Of Intent To Delegate Class Arbitrability to Arbitrator

Carlton Fields on 9/17/2018

Within one week of each other, United States Courts of Appeals in two circuits have issued opinions holding that arbitration agreements incorporating the American Arbitration Association (AAA)’s arbitration rules itself...more

Seventh Circuit Denies Arbitration of Accountholder Daughter’s TCPA Class Action Claims

Ballard Spahr LLP on 3/28/2018

In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more

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