‘Red’ Alert: After Redbox, Is It Time to Revisit Your Online Terms of Service?

‘Red’ Alert: After Redbox, Is It Time to Revisit Your Online Terms of Service?

Contracts, E-Commerce, Technology, Terms of Service
In this article, we discuss one of the more recent and interesting (or, depending on your perspective, exasperating) Federal trial court decisions looking at the enforceability of online terms of service, Wilson v. Redbox, why the case matters, key takeaways for your online business, and what it should be doing in response. A brief re-cap, Wilson, a Redbox user (amazing to think it was not that long ago that we actually went to kiosks for our movies--what a hassle!) sued the popular DVD movie rental company under the Telephone Consumer Protection Act (47 U.S.C. § 227) for continuing to send automatic text messages to her phone despite her having opted out. Redbox’s "Terms of Use" (represented by hyperlinks in both its kiosk and website checkout screens require mandatory arbitration of…
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Why Phoenix Will Become The Silicon Desert (or Why It Won’t)

Why Phoenix Will Become The Silicon Desert (or Why It Won’t)

Phoenix, Start-Up, Technology
The other week, The Arizona Republic's weekly Northeast Valley section ran a front-page story (somewhat rhetorically) titled, "What's Driving a Downtown Phoenix Tech Boom?" and, admittedly, some of the cited statistics are impressive (ex: a 400% increase in tech firms starting or re-locating to Phoenix since 2012).  There is no doubt Phoenix and especially Downtown (in concert with the local business community and surrounding neighborhoods) have made huge strides in attracting high tech companies, as well as making the Central corridor area an actual destination to live, work, and be entertained.   I can't go to a meeting Downtown anymore without seeing some spanking new mid-rise apartment complex being thrown up or another decrepit commercial building turned into the latest exposed ceiling joint ready to sell me an $18 bowl of truffle mac-and-cheese.…
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