Terms and Conditions

TCPA Terms- Klein Moynihan Turco LLP

No Arbitration Without Clear and Enforceable TCPA Terms

Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to digital marketing, TCPA terms became a crucial component of the formation of a contract between consumers and telemarketers. The Second Circuit Court of Appeals addressed a tricky aspect of this …

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website terms

Website Terms and Conditions: More Important than Ever

The era of social distancing brought on by the recent Covid-19 pandemic has greatly limited in-person retail interaction. Consequently, e-commerce transactions and other online interactions have significantly increased in popularity, making well-drafted website Terms and Conditions more essential than ever for website operators. Website Terms and Conditions, coupled with online Privacy Policies, are the legal …

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website terms

The Importance of Well-Drafted Website Terms and Conditions

The United States District Court for the Southern District of New York recently issued a ruling that exemplifies the importance of well-drafted website Terms and Conditions. In Stephanie Sinclair v. Ziff Davis, LLC and Mashable, Inc., 1:18-cv-00790 (SDNY, April 13, 2020), the Court ruled that because Stephanie Sinclair (“Sinclair”) had agreed to Instagram’s Terms of …

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Gag Clauses in Terms and Conditions has Marketer in FTC Crosshairs

September 29, 2015 Last week, the Federal Trade Commission (“FTC”) filed a complaint against Roca Labs, Inc., Roca Labs Nutraceutical USA, Inc., and their respective principals (collectively, “Roca”). In its complaint, the FTC alleges various violations of the FTC Act, including the use of “gag clause” provisions in their website Terms and Conditions intended to …

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The Importance of Website Terms and Conditions

Any business or other entity that operates a website should take the time to draft a set of terms and conditions (“Terms and Conditions”) that will govern the relationship between end-users and the subject website operator in connection with the website and its various offerings. Website Terms and Conditions are essential in, among other things, …

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