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Proskauer - New Media & Technology

Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” Button

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In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms of use and compel arbitration, holding that the plaintiff, who used guest...more

Troutman Pepper Locke

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

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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

Faegre Drinker Biddle & Reath LLP

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Faegre Drinker Biddle & Reath LLP on

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

Kelley Drye & Warren LLP

Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires

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Remember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of...more

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