Is Your Online Customer Agreement Enforceable?

I thought I’d seen and heard it all in my Internet law practice, until a client referred me to an interesting article about a kitty cat named Simba that walked across a keyboard and clicked on an online, click-through agreement (also known as a “click-wrapped” agreement).

Kelloggs Faces Consumer Fraud Lawsuit over Pringles Salt and Vinegar Chips  

Kellogg is facing a consumer fraud class action lawsuit proposed by consumers who allege its Pringles Salt and Vinegar chip packages falsely advertise that the chips have “natural” vinegar taste when they really contain chemical flavoring.

GENEALOGY: A warning to Ancestry customers who consent to use DNA services

Ancestry sells its customers’ DNA data to Calico and Calico makes money off the research it does. Customers pay Ancestry to conduct the DNA test, but Ancestry and its partners stand to make billions.

Company Accused of Selling User Data Shuts Down after $104 Million Settlement

The Federal Trade Commission has shut down the operator of a large network of online loan sites that promised to find people the loans with the lowest rates, but actually sold users' data to third-parties, most of which weren't even lenders.

GAO Reviews Dietary Supplement Claims as Aging Population Struggles With Memory Loss

With the memory supplements market doubling from 2006 (US$353 million) to 2015 ($643 million), some marketers touting memory supplements are exploiting a vulnerable demographic, misrepresenting product benefits to the brain and even promising treatment for a disease like Alzheimer’s.

Apple Fights False Advertising Class Action on iPhones

Apple Fights False Advertising Class Action on iPhones. The lawsuit began in 2013 when lead plaintiff Marc Opperman sued Apple and a host of app developers that downloaded iPhone users’ contacts data without their knowledge or consent.

NY AG settles with scouting company over deceptive practices

National Scouting Report, Inc. – a major high school athletic scouting and college recruiting business based in Alabaster, Alabama has agreed to settle charges that it misled prospective clients and made false claims in its advertising.

3 Tips To Avoid Liability For Actions of Your Online Resellers

If online agreements are presented properly to end-users, they're  legally enforceable. This continuing trend is good news for websites that contract with registered users though SaaS Agreements, Membership Agreements, Subscription Agreements, Terms of Sale, Content License Agreements, and the like.

Millercoors Wins “Not From Australia” Lawsuit Over Claims That Foster’s Marketing Misleads Drinkers

Millercoors has scored a win for its Foster’s brand against a putative class action looking to cash in against the company.  The lawsuit alleged that several items created the impression that led the plaintiff to buy the beer thinking the brew he purchased in the U.S. was imported from Australia. 

L.A. Vehicle Donation Charity Ordered to Shut Down After Alleged False Advertising

Los Angeles vehicle donation charity People’s Choice Charity has been ordered to shut down and pay $30,000 in penalties for deceptively advertising that when people donated their vehicles, 100 percent of the proceeds from the sale of cars would be given to charities.