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Searching Content indexed under Arbitration & Dispute Resolution by Jeffrey Neuburger ordered by Published Date Descending.
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Browsewrap Terms Enforced Due To Customer Knowledge Of Existence Of Terms
Last month, a California district court granted a web-based service's motion to compel arbitration of a putative class action brought by a user whose personal information
United States
3 Jul 2019
2
Digital Currency App's Electronic User Agreement Held Enforceable
This case sheds further light on the do's and don'ts of online electronic contracting and the enforceability of app-based terms and conditions.
United States
7 Feb 2019
3
Notice Of Terms Via Buried Link Within A Post-Sale Email Unenforceable
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...
United States
5 Feb 2019
4
Site Cannot Compel Arbitration Based Upon Later-Amended Terms Without Showing Adequate User Notification Of Change
A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time,
United States
31 Aug 2018
5
New York State Court Declines To Compel Arbitration, Cites Purported Ambiguities In Mobile Contracting Process
Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed
United States
19 Jun 2018
6
Ninth Circuit Rejects Claim That Amazon's Terms And Conditions Are An Unconscionable Contract
In Wiseley, plaintiffs brought deceptive advertising and consumer protection claims against Amazon based upon certain advertising practices.
United States
6 Oct 2017
7
Second Circuit Upholds Uber's Mobile Contracting Process, Establishing Template For Mobile Online Contracting
In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service.
United States
31 Aug 2017
8
Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law
In Whitt, the defendant filed a motion to dismiss the plaintiff's lawsuit and compel arbitration pursuant to the terms of a website clickwrap agreement.
United States
24 Jul 2015
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