Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Arbitration Mediation

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means that this decision is now the law across Florida unless and until another appellate court weighs in or the legislature passes a law.  Internet sellers and website designers need to ensure that their sites comply with this new ruling.

 

Read the entire article, the case, and recommended steps at McDonald Hopkins, here.

Arbitration Mediation
Florida Dispute Resolution Conference 2018: Christopher Hopkins Discusses ESI/E-Discovery for Mediators AND Cyber Security and Data Breach for Mediators

Thanks to the Florida Dispute Resolution Conference for inviting me to speak at the 2018 conference. Topics covered: 25 ESI and E-Discovery Terms for Mediators in 75 minutes and Cybersecurity and Data Breach for Mediators. You can download the presentations here and here. If you would like CME points, you …

Arbitration Mediation
Can a Company Add an Arbitration Clause to an Existing Contract that is Retro-Active?

For ongoing service agreements — which range from credit card, internet advertising, and even nursing home admissions — often there is a clause which permits one side to “update” its service terms and, in order to effect fairness, the other party may cancel the service in lieu of accepting the …

Arbitration Mediation
U.S. Supreme Court Rules on Nursing Home Arbitration

The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and …