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Category Archives: E-Commerce

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Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

Posted in Class Actions, E-Commerce, Litigation, Terms of Use

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action suits against e-commerce companies, alleging that their online terms and conditions… Continue Reading

Social Links: Kids roll eyes as parents embrace Snapchat; teen sues Snapchat over sexual content; Snapchat to become less ephemeral with new “Memories” feature (plus some other news not involving Snapchat)

Posted in Asia, Disappearing Content, E-Commerce, Litigation, Livestreaming, Marketing, Privacy

Snapchat has caught on with “oldies” (that’s people 35 and older, FYI). Facebook Messenger is testing “Secret” mode, a feature that allows some messages to be read only by the recipient. A South Korean copy of Snapchat has taken off in Asia. Using social media to help promote your brand? Here’s a list of top… Continue Reading

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

Posted in E-Commerce, Litigation, Terms of Use

As we have noted before, if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and second, you need to require users to affirmatively accept the terms. Sgouros v…. Continue Reading

Now Available: The April Issue of Our Socially Aware Newsletter

Posted in Advertising, Digital Content, E-Commerce, Employment Law, European Union, Internet of Things, IP, Labor Law, Privacy, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we discuss what a company can do to help protect the likes, followers, views, tweets and shares that constitute its social media “currency”; we… Continue Reading

Digital Single Market Strategy Update: Europe Proposes Further Harmonisation of Consumer Protection Laws

Posted in Data Security, Digital Content, E-Commerce, Privacy

The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union is making progress towards one of the main goals in its Digital Single Market Strategy (announced in May… Continue Reading

Now Available: The March Issue of Our Socially Aware Newsletter

Posted in Advertising, Compliance, Copyright, Discovery, E-Commerce, Endorsement Guides, Eurpoean Union, FTC, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York State Appellate Division opinion significantly limiting a personal-injury-case defendant’s access to the… Continue Reading

Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way

Posted in E-Commerce, Terms of Use

Courts have generally categorized online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement with the terms—are usually enforceable under U.S. law, even where the terms appear in a separate hyperlinked webpage but where language accompanying the box or… Continue Reading

Consumer Privacy Survey Results

Posted in Data Security, E-Commerce, Privacy, Statistics

As Socially Aware readers know, privacy presents real business risks that have the potential to negatively impact a company’s bottom line, from the legal fees associated with a data breach to revenue declines stemming from a loss of consumer trust. Late last year, Socially Aware contributor Andrew Serwin conducted an online survey of more than… Continue Reading

Harmonizing B2C Online Sales of Goods and Digital Content in Europe

Posted in Cloud Computing, Digital Content, E-Commerce, European Union, Terms of Use

The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller. On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content and the online sale of goods. In doing so, the Commission… Continue Reading

Our List of Lists

Posted in Compliance, Disappearing Content, E-Commerce, Livestreaming, Marketing, Privacy, Wearable Computers

January is the month when lists—lists of predictions, lists of trends, lists of feats and lists of failures—pervade social media newsfeeds and publications’ headlines. Here at Socially Aware we’re making an annual tradition of curating a “List of Lists”—an inventory of the roundups that we think will be of most interest to our readership. We’ll update… Continue Reading

Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use

Posted in E-Commerce, Terms of Use

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure that they are enforceable. Specifically, users must be required to manifest acceptance of the terms in a manner that… Continue Reading

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Posted in E-Commerce, Fraud, Terms of Use

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I accept” button. As we have written previously, Courts tend to look disfavorably on such website TOU… Continue Reading

Status Updates: Pinterest’s new purchasing feature; Driving while social; and a small country’s Facebook ban

Posted in E-Commerce, Status Updates

Pin money. The social media site Pinterest, a 5-year-old Internet powerhouse with an $11 billion valuation, is implementing another feature intended to bring in some cash: Buyable Pins. Soon, the site’s users—who, according to demographics reports, are often affluent women—will be able to purchase the items they “pin” or bookmark on the Pinterest platform from… Continue Reading

The NYDFS Finalizes its BitLicense Proposal

Posted in E-Commerce

On June 3, 2015, the New York Department of Financial Services (“NYDFS”) issued a final rule regarding its “BitLicense” regulatory regime (“Final Rule”). The Final Rule follows an initial proposal from July 2014 and a revised proposal from February 2015 (“Revised Proposal”). Our analysis of the July 2014 proposal is available here, and our analysis of… Continue Reading

“Firsts” for the World of Virtual Currencies

Posted in E-Commerce

There have been two recent virtual currency-related actions worthy of note: (1) the Financial Crimes Enforcement Network (“FinCEN”) announced its first civil enforcement action against a virtual currency exchanger, and (2) the New York Department of Financial Services (“NYDFS”) granted its first license to a Bitcoin exchange. FIRST VIRTUAL CURRENCY EXCHANGER ENFORCEMENT ACTION On May… Continue Reading

Playing Fair? UK’s OFT Investigates Online and App-Based Games

Posted in E-Commerce, Ethics

On April 12, 2013, the UK’s Office of Fair Trading (OFT), the UK regulator for consumer affairs and competition, announced that it was launching an investigation into children’s web- and app-based games. In particular, the OFT is looking into whether such games comply with the Consumer Protection from Unfair Trading Regulations 2008 (“Regulations”), and are… Continue Reading

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

Posted in E-Commerce, Litigation

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or the Due Process Clause of the U.S. Constitution. As a result, an Internet vendor may be presumed to have… Continue Reading