An Enforceable Browsewrap . . . or Not?
- On February 12, 2024, in Patrick v. Running Warehouse LLC , the Ninth Circuit held that a defendant’s arbitration agreement contained in a website terms of use was enforceable, using the test the court articulated in 2022 in Daniel Berman v. Freedom Financial Network.... ›
Court Prohibits Ohio’s AG From Enforcing Social Media Parental Notification Act
By: Lawrence W. Gallick and Aaron P. Rubin
A court in the Southern District of Ohio has issued a preliminary injunction against enforcement of the Social Media Parental Notification Act, an Ohio law that would require social media platforms to obtain parental consent for users under 16. NetChoice LLC, an industry group... ›Social Links: Section 230 Under Scrutiny (Again) From Lawmakers
By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez
Section 23o, the “ 26 words that changed the Internet ,” is once again under scrutiny from lawmakers. At the federal level, Republicans and Democrats on the Senate Judiciary panel’s subcommittee on privacy, technology, and the law found common ground in their calls to... ›Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site
By: J. Alexander Lawrence, Aaron P. Rubin, Michael Burshteyn and Dillon Kraus
Websites offering online background reports have proliferated on the Internet. Consumers asserting claims against such sites under the Fair Credit Reporting Act (FCRA) have faced hurdles under Section 230(c)(1) of the Communications Decency Act (CDA). Operators of the sites argue that they are online service providers... ›Social Links: Behavioral targeting under scrutiny from lawmakers
By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez
Lawmakers on Capitol Hill continue to take aim at social media platforms that collect and use personal information that build algorithms to target individuals across a variety of dimensions when users engage with those platforms, most prominently in the form of advertising and other... ›- - Privacy
Forgot to Cancel? Pay Attention to Recent Auto-Renewal Law Changes
By: Julie O'Neill
As subscription models have gained exponential traction, legislatures are clamoring to ensure that their auto-renewal laws keep up with novel consumer protection issues. Several states have introduced or revised their auto-renewal laws, and the Federal Trade Commission has affirmed its commitment to enforce against... › Facebook rebrands as “Meta;” disables facial recognition capabilities
By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez
In late October, Facebook announced that it would change its name to Meta , signaling a shift of the social media giant’s focus toward the metaverse , a virtual space where social media, gaming, augmented reality, virtual reality, and cryptocurrencies converge and allow people... ›- - Privacy
Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
By: Julie O'Neill
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior... › - - Privacy
Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
By: Julie O'Neill
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent enough – the whole... › FTC questions protections afforded tech platforms; LinkedIn was platform of choice for sellers of COVID-19 PPE; Appeals court passes on “retweet” propriety question
By: Julie O'Neill
Expressing concern about the spread of disinformation related to COVID-19, Federal Trade Commissioner Rohit Chopra said Congress may need “to reassess the special privileges afforded to tech platforms, especially given their vast power to curate and present content in ways that may manipulate users.”... ›