In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two links near the bottom of the third column of links in a website footer. Website developers – and their lawyers … Continue Reading
An Important Issue for Text-Message Marketers There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation). And with the growth of easy … Continue Reading
The Ninth Circuit Court of Appeals issued its opinion today in Satterfield v. Simon & Schuster, Inc., a case involving the applicability of the Telephone Consumer Protection Act to text messages sent to cellular phones. The appeals court reinstated a TCPA claim against Simon & Schuster and remanded the case for resolution of disputed fact … Continue Reading
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