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Legal Insider: Understanding Enforceability of Terms-of-Use and the U.S. Court of Appeals Amazon Ruling

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The U.S. Court of Appeals for the Second Circuit ruled on Aug. 25th that Amazon.com failed to show that a customer had sufficient notice of an arbitration clause found in its terms of use because the notification message wasn't conspicuous amid the page's various hyperlinks and text. The decision reversed a federal district court opinion that held that the website design and placement of the link to the terms at the top of the web page did put the customer on notice. The Court...

 

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Picture of Lisa B. Dubrow, Esq.

Lisa B. Dubrow, Esq.

Lisa B. Dubrow is a lawyer specializing in advertising and consumer protection with an emphasis on subscriptions and recurring billing business models. She counsels clients on legal issues surrounding the advertising and marketing of goods and services. Her practice also encompasses the negotiation and drafting of contracts pertaining to product development, marketing, and sales, including those with vendors, agencies, fulfillment, distribution, talent, production and media. Ms. Dubrow is a Phi Beta Kappa graduate of SUNY Binghamton. She received her law degree from New York University School of Law. For more information, please visit: www.lisadubrow.com
More Articles By Lisa B. Dubrow, Esq.

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