Archives: E-Commerce

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Now What? Plaintiffs Attack Popular Disclaimers in Online Terms of Use

In Short: An old New Jersey law – the Truth-in-Consumer Contract, Warranty and Notice Act or TCCWNA – is now being used to challenge website Terms of Use in a flurry of recently filed cases. These cases have not yet produced any guidance from the courts and the nebulous nature of the law complicates compliance. … Continue Reading

Privacy and Ed-tech in 2016

There was a lot of legislative movement for the educational technology (ed-tech) industry in 2015 with states placing additional privacy regulations on the industry, and the effects of those new acts should be felt this year. The states that passed this type of legislation in 2015 were following California’s lead. California’s governor signed the Student … Continue Reading

FTC Brings First Actions Under the Restore Online Shoppers’ Confidence Act

Last month, the Federal Trade Commission brought a pair of actions under the Restore Online Shoppers’ Confidence Act (“ROSCA”) – the first of their kind. ROSCA Generally ROSCA (15 U.S.C. 8401 et seq.) was signed into law just before the end of 2010. In general, the law regulates two types of online transaction: sales using … Continue Reading

Alcohol Ads In the Digisphere – New-ish Guides In Town

At the end of September, thirteen leading beer, wine and spirits producers published the Digital Guiding Principles (DGPs) as part of their global commitment to reducing harmful drinking.  These are self-regulatory guidelines — they are not law, although some of the principles track legal requirements in the U.S.  Moreover, these principles do not replace any other guidelines … Continue Reading

Ninth Circuit Finds Browsewrap Arbitration Clause Unenforceable Despite Conspicuous Link

A recent Ninth Circuit decision highlights the importance of obtaining affirmative user assent to online Terms of Use. In Nguyen v. Barnes & Noble Inc., 2014 WL 4056549 (Aug. 18, 2014), the Ninth Circuit concluded that a conspicuous link to the site’s Terms of Use posted throughout the site and in close proximity to a … Continue Reading
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