Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

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Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

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Lawrence W. Gallick

Social Links: Statehouse v. Smartphone

Federal Court Enjoins California Teen Privacy Law . . . Again

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies (Part II – User-Generated Content and In-Game Payment Models)

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Lots of press surrounding Microsoft’s purchase of LinkedIn: Will <a href="http://www.practicalecommerce.com/articles/124212-Will-LinkedIn-Change-after-Microsoft-Purchase" target="_blank" rel="noopener">LinkedIn change</a> as a result? Will the Microsoft purchase inspire a <a href="http://www.newsfactor.com/story.xhtml?story_id=100007TBFZ7G" target="_blank" rel="noopener">Twitter acquisition</a>?“Spam King” gets 30 months in jail for sending 27 million messages.One columnist says you should <a href="http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=5&ved=0ahUKEwjry5b4ua3NAhUN6WMKHa17BnMQqQIILCgAMAQ&url=http%3A%2F%2Fwww.forbes.com%2Fsites%2Fjefffromm%2F2016%2F06%2F16%2Fstop-measuring-reach-in-your-social-media-marketing-its-about-genuine-engagement%2F&usg=AFQjCNG2gQP0QQ7GnZYuf6-POwhOkBF5rw&sig2=32FVXgD-bQnsNyyav7-mOA&bvm=bv.124272578,d.dmo" target="_blank" rel="noopener">stop measuring your social media marketing</a> reach.Twitter is now allowing brands to target ads to people based on their <a href="http://venturebeat.com/2016/06/15/twitter-now-lets-advertisers-target-ads-by-emoji/" target="_blank" rel="noopener">use of sentiment, food and passion emojis</a>.Entertainment streaming companies are tapping social media to learn what resonates with viewers.Brands can now create their own<a href="http://www.adweek.com/socialtimes/youtube-director/641034" target="_blank" rel="noopener"> ads on YouTube</a> on the cheap using a smartphone.Here’s an infographic illustrating <a href="http://www.slideshare.net/MyCaseSD/lawyers-and-social-media-in-2016" target="_blank" rel="noopener">how lawyers are using social media</a> to market themselves.Some insight into <a href="http://www.adweek.com/socialtimes/one-out-of-three-internet-users-are-social-creators-report/641049" target="_blank" rel="noopener">why influencer marketing works</a> and best practices for teaming up with influencers online.This article describes <a href="http://www.businessinsider.com/what-exactly-are-brands-posting-on-snapchat-2016-6" target="_blank" rel="noopener">what kinds of brands are joining Snapchat</a>, and what types of content they’re posting to the platform.Snapchat aims to become a huge player in digital ads. <a href="http://www.cnbc.com/2016/06/14/how-snapchat-aims-to-become-a-huge-player-in-ads.html" target="_blank" rel="noopener">Here’s how</a>.

Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.

Aaron Rubin

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

Lots of press surrounding Microsoft’s purchase of LinkedIn: Will LinkedIn change as a result? Will the Microsoft purchase inspire a Twitter acquisition? “Spam K

Social Links: The ramifications of Microsoft’s LinkedIn purchase; the brands using Snapchat; lawyers’ social media use

In the recently decided <a href="https://caselaw.findlaw.com/ca-court-of-appeal/1736333.html" target="_blank" rel="noopener">People ex rel. Harris v. Delta Air Lines</a>, California’s Court of Appeal unanimously affirmed the dismissal of the State of California’s complaint against Delta Air Lines, Inc., which alleged that the company’s Fly Delta mobile application violated California’s privacy laws. The Court of Appeal held that the lawsuit was expressly preempted by the Airline Deregulation Act of 1978 (ADA). The holding is in line with other cases broadly applying the ADA’s preemption provision and limits the extent to which airlines may be required to comply with state privacy laws.<h5>California’s Lawsuit</h5>The California Attorney General (AG) brought the lawsuit against Delta to enforce California’s Online Privacy Protection Act of 2003 (CalOPPA), In pertinent part, CalOPPA requires an operator of a commercial website or online service to draft and post online a privacy policy informing consumers in California “of the Web site’s or online service’s information practices with regard to the consumers’ personally identifiable information[.]” CalOPPA also places certain other requirements on operators of websites or online services.The AG argued that Delta violated CalOPPA in connection with the Fly Delta mobile app, which can be downloaded from the Internet and used on smart phones and other mobile devices (and therefore arguably makes Delta “an operator of online services” subject to CalOPPA). Users can do a variety of things on the app, including checking in for flights, viewing reservations for air travel, pricing and buying tickets, paying for and tracking checked baggage, and accessing their frequent flyer accounts. The app also purportedly allows users to send and receive information over the Internet, and collects certain personally identifiable information (PII) about individuals residing in California.The AG alleged that Delta did not conspicuously post a privacy policy in connection with the app as required by CalOPPA. According to the complaint, app users allegedly were not informed that their PII was collected, how Delta used such information, or with whom that information was shared, disclosed, or sold. The AG first notified Delta that the app did not comply with CalOPPA in an October 2012 letter. Less than two months later, the AG filed its complaint alleging that the app “does not have a privacy policy conspicuously posted, i.e., reasonably accessible to consumers within the [mobile application.]” The AG’s complaint contained a single cause of action under California’s Business and Professions Code section 17200 (the “unfair competition law” or UCL), claiming that Delta’s CalOPPA violations were “unlawful, unfair, or fraudulent business acts and practices” under the UCL.Delta responded with a demurrer in which it argued that the ADA expressly preempted the AG’s lawsuit. The ADA is a 1978 federal law intended to remove government control over fares, routes, and new carriers entering the market in the commercial aviation field. The ADA contains an <a href="https://www.law.cornell.edu/uscode/text/49/41713" target="_blank" rel="noopener">express preemption provision</a>  that prohibits the states from enacting or enforcing any law, regulation, or provision “related to a price, route, or service of an air carrier . . . ” The trial court agreed with Delta, sustaining the demurrer without leave to amend and dismissing the complaint with prejudice. The AG appealed.<h5>The Court of Appeal’s Opinion</h5>The Court of Appeal affirmed, holding that the ADA preempted California’s UCL claim against Delta. The court began by reiterating the “‘two cornerstones’ of federal preemption analysis”: First, that congressional intent is the focus of the analysis, and second, that there is a presumption against preemption.Supreme Court PrecedentApplying those cornerstone principles here, the court was guided by three cases in which the U.S. Supreme Court addressed the reach of the ADA’s preemption provision: <a href="https://www.law.cornell.edu/supct/html/90-1604.ZS.html" target="_blank" rel="noopener">Morales v. Trans World Airlines, Inc. (1992)</a>, <a href="https://www.law.cornell.edu/supct/html/93-1286.ZO.html" target="_blank" rel="noopener">American Airlines, Inc. v. Wolens (1995)</a>, and <a href="http://www.supremecourt.gov/opinions/13pdf/12-462_p8k0.pdf" target="_blank" rel="noopener">Northwest, Inc. v. Ginsberg, 134 S. Ct. 1422 (2014)</a>.In Morales, the Supreme Court held that the ADA preempted Travel Industry Enforcement Guidelines composed by the National Association of Attorneys General (NAAG). The NAAG guidelines purported to govern the content and format of airline fare advertising and were designed to stop allegedly deceptive airline advertisements. The Supreme Court interpreted the “relating to” language in the ADA preemption clause broadly, and held that the ADA preempted the NAAG guidelines because they were “related to” a price, route, or service of an air carrier.The Court similarly found that the ADA preempted the plaintiffs’ claims in Wolens. In Wolens, the plaintiffs alleged American Airlines’ retroactive modification of its frequent flyer program violated Illinois’ Consumer Fraud and Deceptive Business Practices Act. The Supreme Court held that the claims related to American Airlines’ “‘[prices],’ i.e. American’s charges in the form of mileage credits for free tickets and upgrades, and . . . ‘services,’ i.e. access to flights and class‑of-service upgrades unlimited by retrospectively applied capacity controls and blackout dates.” Because they related to prices and services, the claims were preempted by the ADA.In Ginsberg, the Supreme Court reaffirmed its broad interpretation of the ADA’s preemption provision. The Court concluded that the ADA preempted the plaintiffs’ claims for breach of the implied covenant of good faith and fair dealing stemming from allegations that the airline terminated their memberships to its frequent flyer program. The Court found that airline’s frequent flyer program was “related to” the airline’s prices and services, and thus that the claims were preempted by the ADA.ADA Preemption, CalOPPA, and the Fly Delta AppTurning to California’s claim here, the court began by addressing a few issues that had been resolved by Morales and Wolens.First, the court noted that, in assessing whether the ADA preempts the AG’s UCL action, the court would examine the underlying state law predicate—i.e., CalOPPA.Second, the court explained that, in analyzing the preemption issue, it was not required to apply the presumption against preemption because the field governed by the ADA—air transportation—has long been regulated at the federal level.Third, the court rejected the AG’s argument that the complaint did not “relate to” Delta’s service. The app was designed to facilitate access to the airline’s services, and the AG was trying to compel Delta to maintain the app in compliance with CalOPPA. Thus, the lawsuit “related to” Delta’s services. Notably, the court did not decide whether the app itself was a “service” within the meaning of the ADA.The court then concluded that the ADA preempts California’s UCL/CalOPPA claim as applied to Fly Delta. The court explained that CalOPPA is not a mere “disclosure regimen” within which operators of online services may act with broad discretion. Rather, CalOPPA is similar to the consumer protection legislation at issue in Morales and Wolens, and has the potential to intrusively regulate airlines.Moreover, as in Morales, the obligations imposed by CalOPPA would significantly affect the airline’s ability to market its product through the app, and would therefore have a meaningful impact on the fares Delta charges. As the court explained, quoting Morales: “If each AG were to require Delta to comply with its own version of CalOPPA, it would force Delta to design different mobile applications to meet the requirements of each state. And, indeed, enforcement of the CalOPPA’s privacy policy requirements might well make it impossible for an airline to use a mobile application as a marketing mechanism at all.”Finally, the court rejected the AG’s argument that CalOPPA would have only “a peripheral effect on ticket prices, routes, or airline services.” CalOPPA would instead “require Delta to meet state standards regarding privacy policy requirements in place of the market forces currently dictating Delta’s selection and design of” Fly Delta.Because the ADA preempted California’s UCL claim for violation of CalOPPA, the court upheld the dismissal of the complaint. And it did so without leave to amend, finding that there was no reasonable possibility that the AG could amend to avoid ADA preemption.<h5>What This Means</h5>Delta reinforces the broad scope of the ADA’s preemption provision. As the case makes clear, airlines have a strong argument that state laws like CalOPPA, which apply across industries and seem to have only a remote effect on the airline’s prices, routes, or services, simply cannot be applied to them. But this does not mean that the airlines may operate unchecked in areas governed by CalOPPA and other preempted laws. As the Delta court noted, quoting Wolens, Morales, and Ginsberg: “[T]he DOT retains authority to investigate unfair and deceptive practices and unfair methods of competition by airlines, and may order an airline to cease and desist from such practices or methods of competition.” The court further stated that DOT appears to have “taken action” related to the collection of PII by air carriers, and privacy policies for the sharing and storage of that PII. To date, however, the DOT has issued no regulations governing the form and placement of privacy policies related to an airline’s mobile app. And until the DOT does, state privacy laws cannot fill the gap. *      *      *For more information regarding this subject, please see our November 2012 post <a href="https://www.sociallyawareblog.com/2012/11/12/california-a-g-makes-good-on-promise-to-pursue-apps-that-dont-comply-with-the-states-privacy-policy-law/" target="_blank" rel="noopener">California A.G. Makes Good on Promise to Pursue Apps That Don’t Comply With the State’s Privacy Policy Law</a>.

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California Court of Appeal Rules That State Attorney General’s Privacy Suit Over Fly Delta Mobile App Is Preempted

California Court of Appeal Rules That State Attorney General’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In the recently decided People ex rel. Harris v. Delta Air Lines, California’s Court of Appeal unanimously affirmed the dismissal of the State of California’s c

As we have <a href="https://www.sociallyawareblog.com/2016/04/27/website-terms-of-use-check-that-box/" target="_blank" rel="noopener">noted before</a>, 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. <a href="https://caselaw.findlaw.com/us-7th-circuit/1730191.html" target="_blank" rel="noopener">Sgouros v. Transunion Corporation</a>, a recent Seventh Circuit case, demonstrates that half measures won’t cut it.Gary Sgouros, the plaintiff in Sgouros, alleged that Transunion had sold him an inaccurate credit report through Transunion’s website. Transunion filed a motion to compel arbitration based on an arbitration provision contained in the website’s terms of use. In discussing whether that arbitration provision was enforceable against Sgouros, the court goes into considerable detail regarding the ordering process on Transunion’s site.Specifically, to complete his purchase of a credit report on Transunion’s site, Sgouros was required to complete several steps:<ol><li>Click on a large “Click Here” button on the website’s homepage under the heading “Get Your Credit Score & Report.”</li><li>Furnish identifying information, and click “yes” or “no” to Transunion’s offer to send offers from its “trusted partners,” and then click a large orange button labeled “Submit & Continue to Step 2.”</li><li>Create a user account name and password, input credit card information and click a “yes” or “no” bubble in answer to a question about whether the user’s billing information is the same as his or her home address.</li><li>Click a button stating: “You understand that by clicking on the ‘I Accept & Continue to Step 3’ button below, you are . . . authorizing TransUnion Interactive, Inc. to obtain information from your personal credit profile . . .”</li></ol>That was all Sgouros needed to do to purchase the credit report—at no point was he required to review or expressly accept the website’s terms of use.The “I Accept & Continue to Step 3” button was, however, located below a rectangular scroll window with the words “Service Agreement” at the top, and the small hyperlinked words “Printable Version” appeared beneath the scroll box. The 10-page printable version of the Service Agreement in the scroll box did mention the arbitration provision on its first page and did include that arbitration provision in full on its eighth page. But the scroll window allowed Sgouros to view only three lines of text at a time, and no mention of the arbitration provision appeared in the immediately visible text.Most significantly, the “I Accept & Continue to Step 3” button did not require Sgouros to first click on the scroll box or to scroll down to view its complete contents, nor did it call Sgouros’s attention to the arbitration provision in any way. The court detailed the shortcomings of Transunion’s implementation as follows:[T]he web pages on which Sgouros completed his purchase contained no clear statement that his purchase was subject to any terms and conditions of sale. The scroll box contained the visible words “Service Agreement” but said nothing about what the agreement regulated. The hyperlinked version of the Service Agreement was not labeled “Terms of Use” or “Purchase” or “Service Agreement,” but rather just “Printable Version.” And . . . the visible words “This Service Agreement . . . contains the terms and . . . conditions upon which you . . . may access and use . . . ” fall short of providing notice that the purchase of a consumer credit score is subject to the agreement.<div>On these facts, the Seventh Circuit held that Sgouros’s click on the “I Accept & Continue to Step 3” button did not bind Sgouros to the arbitration provision in the terms of use because “this type of electronic ‘click’ can suffice to signify the acceptance of a contract” only “as long as the layout and language of the site give the user reasonable notice that a click will manifest assent to an agreement.” The opinion also notes that “[n]o court has suggested that the presence of a scrollable window containing buried terms and conditions of purchase or use is, in itself, sufficient for the creation of a binding contract.”Sgouros is <a href="https://www.sociallyawareblog.com/2015/10/06/three-steps-to-help-ensure-the-enforceability-of-your-websites-terms-of-use/">not the first case</a> to demonstrate how crucial it is to implement website terms of use in a way that clearly connects the user’s affirmative actions to acceptance of the terms. The user must know exactly what he or she is doing by clicking the button or checking the box. Transunion had a terms of use, and Transunion required the user to click a button. But Transunion’s implementation failed to clearly connect those two things:[W]hat cinches the case for Sgouros is the fact that TransUnion’s site actively misleads the customer. The block of bold text below the scroll box told the user that clicking on the box constituted his authorization for TransUnion to obtain his personal information. It says nothing about contractual terms. No reasonable person would think that hidden within that disclosure was also the message that the same click constituted acceptance of the Service Agreement.Accordingly, the court denied Transunion’s motion to compel arbitration, adding one more entry to the list of companies that have lost the protection of their carefully crafted terms of use solely due to a poorly-implemented website checkout process.</div><div></div><div style="text-align: justify;padding-left: 60px;"></div>*      *      *For more on website Terms of Use, please see the following Socially Aware posts:<a href="https://www.sociallyawareblog.com/2015/10/06/three-steps-to-help-ensure-the-enforceability-of-your-websites-terms-of-use/" target="_blank" rel="noopener">Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use</a><a href="https://www.sociallyawareblog.com/2014/10/06/implementing-and-enforcing-online-terms-of-use/" target="_blank" rel="noopener">Implementing and Enforcing Online Terms of Use</a>Please also check out Aaron Rubin’s video series regarding online Terms of Use:<a href="https://www.sociallyawareblog.com/2016/04/25/website-terms-of-use-are-they-really-necessary/" target="_blank" rel="noopener">Website Terms of Use: Are They Really Necessary?</a><a href="https://www.sociallyawareblog.com/2016/04/27/website-terms-of-use-check-that-box/" target="_blank" rel="noopener">Website Terms of Use: Check That Box!</a><a href="https://www.sociallyawareblog.com/2016/05/02/website-terms-of-use-out-with-the-old/" target="_blank" rel="noopener">Website Terms of Use: Out With the Old</a>

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

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