Partner Aaron Tantleff was quoted in a Wall Street Journal
article, “Clear and Obvious Are Best with Terms of Service Agreements
,” which looked at a recent ruling backing Uber Technologies Inc.’s terms of service agreement for its ride-hailing app.
The real question is determining when a company has made the consumer’s legal choice clear enough, Tantleff said. Pointing to a 2015 New York federal court decision affirming Amazon.com’s terms of service agreement, Tantleff said that case and the Uber case offer a roadmap for how the courts will consider such matters. “Essentially, the more cluttered the page is, the greater the likelihood of a court finding that the customer had not assented to those terms,” he said.