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September 3rd, 2014
eCommerce Best Practice: Require Customers to Click “I Agree”
The Ninth Circuit recently affirmed what many industry players already recognized: when conducting eCommerce with consumers, the safest practice for businesses looking to enforce their website's terms is to include obvious indicia of consumer consent, possibly through use of a "clickwrap" agreement (where website users are required to affirmatively click on an "I agree" box).
The trial court agreed with the customer, and Barnes & Noble appealed. The U.S. Court of Appeals for the Ninth Circuit affirmed, stating:
This is a significant legal development for any company conducting eCommerce with consumers. As a best practice, a business operating a consumer-directed website or application should consider using a clickwrap agreement - not a browsewrap agreement - for any website terms it plans to enforce; the mere posting of terms online is unlikely to suffice.
For more information on the Barnes & Noble decision, or any other eCommerce or technology law issues, please contact Greg Boyd at (212) 826 5581 or email@example.com, Hannah Taylor at (212) 705 4849 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Technology, Digital Media and Privacy Group.
Other Technology Law Alerts
Shields On: 9th Circuit Strengthens Legal Defense for Video Game Developers
There's good news for game developers who incorporate real-world elements in their games. On October 20, 2017, the Court of Appeals for the Ninth Circuit affirmed a trial court decision which found that Gran Turismo, a Sony video game, was an expressive work entitled to First Amendment protection
November 2 2017
FTC Settles First-Ever Action Against Individual “Influencers”
September 18 2017
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation.
February 16 2017