Socially Aware

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
... ›
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
... ›
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
... ›
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
... ›
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)
... ›
April 28, 2017 - Advertising, Endorsement Guides, FTC, Terms of Use
Social Links: Social ad spend soars; the FTC’s special message to “influencers”; LinkedIn changes terms of use
By: Aaron P. Rubin
A New York State senator has introduced a bill that would make posting footage of a crime to social media with the intention of glorifying violence or becoming famous punishable by up to four years in prison and fines. Instagram hit the 700-million-user mark.
... ›
November 07, 2016 - Terms of Use, UK, Big Data, Ethics, Litigation
Social Links: LinkedIn’s new feature estimates salaries; states grapple with digital-asset-inheritance laws; insurance company wants to base rates on applicants’ Facebook posts
By: Aaron P. Rubin
Because it bases its assessments on job title, location and industry, LinkedIn’s new Salary feature might be more accurate than are other online compensation estimation tools. States are trying to pass laws that balance bereaved people’s desire to access their deceased loved ones’ social media accounts
... ›
August 24, 2016 - E-Commerce, Protected Speech, Terms of Use, Cyberbullying, Marketing, Privacy, Right To Be Forgotten, Infographic, Mobile
Now Available: The August Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award winning guide to the law and business of social media, we discuss the impact online trolls are having on social media marketing;
... ›
August 10, 2016 - DMCA, Terms of Use, Copyright, IP
Commercializing User-Generated Content: Five Risk Reduction Strategies
By: Anthony M. Ramirez
We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting boost to their traffic numbers. And U.S.
... ›
July 19, 2016 - Class Actions, E-Commerce, Terms of Use, Litigation
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
By: Anthony M. Ramirez
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action
... ›