Tag Archives: Terms of Use

American Arbitration Rule Now in Effect

The American Arbitration Association (“AAA”) now will require businesses seeking to use AAA’s services for consumer arbitrations to submit their arbitration clauses for AAA’s review and approval.  Approved clauses will become part of the AAA’s “Consumer Clause Registry,” which “will contain a list of businesses that have submitted their consumer arbitration clauses [to] the AAA … Continue Reading

Berlin Court Condemns Google, Strikes Provisions in Privacy Policy and Terms

On Tuesday, 19 November, the Regional Court of Berlin ruled against Google in a case brought by the Federation of German Consumer Associations (vzbv).  The vzbv had initiated an action for injunction against Google, requesting it to stop using certain clauses in its Terms of Use and Privacy Policy.  In Germany, consumer associations have a … Continue Reading

Federal Court Holds Terms of Service Disclosed via Link to ISP’s Home Page Not Reasonably Conspicuous

Denying the motion of the defendant internet service provider, Clearwire, to compel arbitration, the U.S. District Court for the Western District of Washington held last week that Clearwire’s e-mail confirmation to the plaintiffs was inadequate notice of the terms of service.  This e-mail confirmation included, on the third page of the e-mail, a link to Clearwire’s home page rather than a … Continue Reading

The Implications of The AT&T Mobility Decision for Web Publishers

In a decision with broad application, the Supreme Court held last Wednesday that the Federal Arbitration Act preempts state law rules that classify class action waivers in consumer contracts as unconscionable and therefore unenforceable.  The holding in AT&T Mobility LLC v. Concepcion, No. 09-893 (April 27, 2011) sweeps away a major barrier to enforcing arbitration agreements … Continue Reading
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