In Guidotti v. Legal Helpers Debt Resolution, L.L.C., 716 F.3d 764 (3d Cir. 2013), the Third Circuit addressed the question of, when considering a motion to compel arbitration, what standards district courts should apply when determining whether an agreement to arbitrate was actually formed between the parties. The court held that the Rule 12(b)(6) standard […]
Author Archives: Adam Pulver
Today, the FTC announced it had finalized its “Click-to-Cancel Rule.” Amending its 1973 “Negative Option Rule,” the rule will prohibit sellers from: misrepresenting any material fact made while marketing goods or services with a negative option feature; failing to clearly and conspicuously disclose material terms prior to obtaining a consumer’s billing information in connection with […]
Enacted in 1988, the Video Privacy Protection Act (VPPA) makes it unlawful for a “video tape service provider” to “knowingly disclose[], to any person, personally identifiable information concerning any consumer of such provider.” The statute further defines “consumer” as “any renter, purchaser, or subscriber of goods or services from a video tape service provider.” The […]
Title III of the Americans with Disabilities Act prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” Courts of appeals […]
A company called “DoNotPay” operated an artificial intelligence service that it called “the world’s first robot lawyer,” which it claimed “would allow consumers to “sue for assault without a lawyer” and “generate perfectly valid legal documents in no time.” Not surprisingly, the product did not live up to its claims. In late September, the FTC […]
In a long-running litigation filed in Pennsylvania federal district court, the CFPB today filed a proposed stipulated order, which, if entered, would largely remove Navient from the federal student loan market, and require the company to pay a $20 million penalty and provide $100 million in relief to borrowers. The case includes allegations that Navient […]
Yesterday, I noted the Pennsylvania Supreme Court had agreed to hear a case involving browse-wrap arbitration agreements. Later in the day, the Seventh Circuit issued a decision concerning one such agreement, finding that a consumer and a home improvement had entered into a valid and enforceable agreement. Adopting case law from the 9th and 2nd […]
In July 2023, an intermediate appellate court in Pennsylvania decided Chilutti v. Uber Technologies. There, the court held that a so-called “browsewrap” arbitration agreement was invalid, and that two conditions are necessary to establish an unambiguous manifestation for assent to arbitration via a registration for a website: (1) explicitly stating on the registration websites and […]
Two consumers sued Experian after discovering the agency, was reporting an automobile loan as “discharged through bankruptcy,” when they had been making payments on the loan for years, and their attempts to correct the issue proved unsuccessful. For some reason, Experian responded by issuing sweeping discovery requests — including broad subpoenas issued to the law […]
Care.com is an online platform that matches child and older adult caregivers with consumers looking to hire such caregivers. In a federal court complaint filed yesterday, the FTC alleges that Care systematically deceived caregivers who were looking for jobs while failing to give families seeking care a simple way to cancel their paid memberships, in […]