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The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more
The decision of the High Court of England and Wales in Durber v. PPB Entertainment Ltd is another helpful case study in how to host a consumer-facing website. It is interesting, given how much time is spent carefully drafting...more
In two recent decisions, the German Higher Regional Courts (Oberlandesgerichte – OLG) of Cologne and Munich have clarified the – strict – German requirements for cancellation buttons on websites of tech companies providing...more
Every time you click on a website, you are entering into a contract – often without even realizing it. While we casually browse, download content or make online purchases, we are simultaneously agreeing to a set of terms and...more
In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more
In its 18 September 2024 ruling, the General Court of the European Union annulled the €1.5 billion fine that the European Commission had imposed on Google in 2019 for allegedly abusing its dominant position in online search...more
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
In Parker-Grennan v. Camelot UK Lotteries Limited1, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online....more
Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into the contract) whilst also...more
In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more
One of the downsides of working with the public is that sometimes the public will be disappointed with the service you offer. And in this era of the internet, the number one remedy consumers have is to complain about...more
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more
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
Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more
The Ninth Circuit affirmed the district court’s order compelling arbitration in a case brought under the Fair Credit Reporting Act (FCRA) and state law, based on the plaintiff’s purchase of Experian’s Credit Score...more
The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the defendants failed to show that the plaintiff had agreed to arbitrate the dispute when...more
Companies can save hundreds of thousands of dollars in litigation fees by taking proactive steps that put them in the best position possible to avoid potential legal claims and defend those that occur. From warnings to...more
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
Online lead generation is huge business, and present across all manner of consumer industries including lending, home services, insurance, healthcare – you name it. By the time these leads reach the caller, a consumer will...more
You own a small business and want to sharpen your marketing profile by adding some new images to your company website. You hope to save on costs but not skimp on quality, so you go on the Web and find some nifty photographs...more
BakerHostetler invites you to join us for a one hour complimentary seminar (followed by Q&A) offering practical considerations for managing risk and liability in online and other contracts. Our session will cover trending...more
Doing business in New Jersey just got thornier. Recent decisions broadly interpreting the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14, et seq., have spawned a flurry of pre-suit...more