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This year, it is impossible to talk about clickwrap litigation trends without looking at the atmosphere of the economy in general. The year 2020 was host to the first global pandemic in a century, frantic calls for sheltering in place, and the closure of thousands of businesses across the globe. But it also gave rise to increased digital experiences as nearly every business either initiated or increased their online presence for transacting. Ecommerce and online selling capabilities became crucial to businesses that wanted to stay open. Which meant that the use of clickwrap across industries has not only increased but also changed.
The overall success rate for companies trying to enforce their terms in court was just 60%, compared to 70% in 2019. Interestingly, this year saw more use of clickwrap in heavily regulated industries like finance, which made up 18% of clickwrap cases (compared to eCommerce and gig economy companies at 15% and 11% respectively). In this report, we also examine the parallels between this and the data on clickwrap transactions we get from PactSafe’s platform.