PactSafe conducted a study of the clickthrough litigation trends. In our study, we found that clickthrough litigation has skyrocketed since it first appeared in the courts in 2002, increasing 626% between 2002 and 2018. The rise in litigation reflects the increase in business to business (B2B) and business to consumer (B2C) internet companies having to defend the enforceability of their Terms of Service and other online agreement terms.
Though each court tends to take its own approach when deciding this sort of issue, PactSafe’s study indicates that these types of companies have the best shot of successfully defending their online agreement terms if they are able to provide the court with screenshots, affidavits or declarations, and back-end records indicating the date and time of contract acceptance. This combination of evidentiary support best shows the court that the contract was accepted.