We love to watch the federal courts struggle to apply laws written for an offline world to the internet age. Even when Congress adopts new laws to confront problems like e-mail spam and cybersquatting, the dizzying advance of technology has left federal judges scrambling to keep up.
The 9th U.S. Circuit Court of Appeals recently tackled the legal ramifications of a near digital-age anachronism: the word “print.” In affirming the dismissal of a putative class action facing Expedia, a three-judge 9th Circuit panel concluded that under the Fair and Accurate Credit Transactions Act, an e-mail doesn’t count as an “electronically printed” receipt. We’re not sure whether the ruling helps align FACTA with the realities of online commerce, but it’s a clear victory for Expedia’s lawyers at Wilson Sonsini Goodrich & Rosati.
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