Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
Technology & Marketing Law Blog
APRIL 16, 2022
The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Forming online contracts is not rocket science.
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