A recent ruling against Dick’s Sporting Goods serves as the latest reminder that in-house counsel should be wary of so-called browsewrap agreements, which seek to impose terms on users without asking them to click an “I accept” button.
Dick’s is facing a class action lawsuit alleging it sent customers unwanted text messages in violation of the Telephone Consumer Protection Act. Earlier this year, Dick’s moved to compel arbitration, pointing out that its terms of use, which the company linked to on its homepage, contains an arbitration agreement.
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