Michael P. Daly Posts

The Ninth Circuit’s no-nonsense decision recognizes that, under basic principles of contract law, online consumer contracts may be enforced so long as notice is conspicuous and acceptance is unambiguous. It is an important win not only for but also retailers generally.

Last year, the Southern District of New York refused to enforce Uber’s Terms of Service because it believed that the agreement’s placement was inconspicuous and the consumer’s acceptance was ambiguous. Last week, the Second Circuit vacated that order and found that the agreement had been reasonably disclosed and unambiguously accepted.