Socially Aware

January 20, 2021 - Contracts, Terms of Use
Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
By: Aaron P. Rubin
In Stover v. Experian Holdings , the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing a change-of-terms provision—is not
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June 23, 2020 - Terms of Use, Online Contracts, Arbitration, Litigation
Sweating the Details: Court Analyzes User Interface to Uphold Online Arbitration Clause
By: Aaron P. Rubin
Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly. Babcock vs. Neutron Holdings, Inc. , a recent Southern District of Florida case involving
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June 01, 2020 - Contracts, Terms of Use, Online Contracts
Court Discovers Rare and Elusive “Enforceable Browsewrap”
By: Aaron P. Rubin
As we have noted many times in prior articles , courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance. Courts typically look more favorably on “clickwrap”
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May 04, 2020 - Terms of Use, Copyright, Litigation
S.D.N.Y.: Public Display of Embedded Instagram Photo Does Not Infringe Copyright
By: Aaron P. Rubin
A federal district court in New York held that a photographer failed to state a claim against digital-media website Mashable for copyright infringement of a photo that Mashable embedded on its website by using Instagram’s application programming interface (API). The decision turned on Instagram’s
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December 20, 2019 - Terms of Use, Web Scraping, Ephemeral Messaging, User-Generated Content, Copyright, COPPA
2019: Our Greatest Hits
Here at Socially Aware we covered a wide range of issues in 2019. We reviewed an opinion reminding us that user-generated content posted on social media platforms is not necessarily freely available for use in other contexts , and a rare instance of a
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November 04, 2019 - Terms of Use, Online Contracts, Litigation
Just Browsing: District Court Finds Browsewrap Agreement Enforceable
By: Anthony M. Ramirez
Courts continue to grapple with the enforceability of online agreements. While courts generally enforce clickwrap agreements—online agreements where users affirmatively show their acceptance after being presented with the terms, usually by clicking “I agree”—browsewrap agreements have stood on shakier enforceability grounds. Browsewrap agreements are
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July 22, 2019 - Terms of Use, Arbitration, Litigation
Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable
By: Aaron P. Rubin
A federal district court in Illinois recently held in Anand v. Heath that a digital marketing company could not force a user to arbitrate because a “Continue” button on its website did not provide clear notice that clicking the button constituted assent to the
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August 09, 2018 - Terms of Use, Online Contracts, Arbitration, Litigation
Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name
On July 19, 2018, in May, et al. v. Expedia Inc. , U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a
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February 22, 2018 - Terms of Use, Defamation
California Court Holds That YouTube’s Removal Notice Is Not Defamatory
By: Aaron P. Rubin
As we have noted previously , YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case, Bartholomew v. YouTube, LLC, the court rejected a user’s claim that
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June 13, 2017 - Class Actions, E-Commerce, Terms of Use, Litigation
E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law
Last year, this blog raised concerns regarding the TCCWNA, its growing popularity with plaintiffs’ lawyers and the implications for online retailers. At a high level, the TCCWNA is a New Jersey consumer protection law that focuses on contractual terms (including online terms of service)
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