eCommerce

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On December 19, 2014 in the matter of Hussein v. Coinabul LLC, the U.S. District Court for the Northern District of Illinois held that a company selling gold for Bitcoin online could not enforce its forum selection clause because it never directed customers to its terms of services link containing the provision. Specifically, the court…

The California Court of Appeal ruled in a putative class action, Rosolowski et al. v. Guthy-Renker LLC, that a commercial email header does not violate California’s anti-SPAM statute “merely because it does not identify the official name of the entity which sent the email, or merely because it does not identify an entity whose domain name is…

A federal judge in New York recently held that Texas Hold ‘Em poker is a game of skill and therefore not gambling under federal law.  This is the first time a federal court has held that poker is not gambling under the Illegal Gambling Business Act (the “IGBA”). Federal prosecution under the IGBA requires both…

It is no secret that the daily deal industry is white-hot. Earlier this month, Groupon reached a settlement of several consolidated putative class action lawsuits venued in federal court in California.  The lawsuits against Groupon and several of its merchant partners alleged violations of the Electronic Funds Transfer Act (“EFTA”), as recently amended by the Credit…