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The need for businesses to enforce their terms (e.g., arbitration clauses, forum selection clauses, class action waivers) in court is steadily increasing following us into 2021. Failure to enforce the terms can cost a lot of time and money.
But courts don't make the process of terms enforcement easy. Best practices in online agreement presentation are constantly changing. As a result, businesses need to keep up with developments in case law and adjust their practices accordingly.
Keeping up with case law can be a time consuming process for legal teams (we know from experience). Let us help. The PactSafe Legal team compiles and summarizes the most important cases into a monthly newsletter. Check out the recent cases from Carrington Mortgage Services, Ticketmaster, Massage Envy, and StockX below.
Carrington Mortgage Services recently enforced their terms in court. Consumers were unhappy with the $5 service fee that came with paying their mortgage payments online. Carrington Mortgage argued that consumers agreed to the $5 fee each time they paid online, as the webpage users encountered stated that "There is a $5 convenience fee when making one-time payments online," followed by an "I agree" button consumers had to click in order to proceed with the transaction. The court found that this layout reasonably communicated to users that they agreed "to pay a $5 convenience fee."
Stay tuned for the February contract acceptance 'case' studies from the PactSafe Legal Team.
Want more now? Take a look at the Aragon Research Note announcing the Clickthrough Transaction Platform Category.