Two court decisions in the past couple of months, both from federal courts in California, involving arbitration clauses in clickwrap agreements make clear that the manner in which affirmative assent to website terms is sought from a site’s users makes all the difference when enforceability of those terms is at issue. In early February, the U.S. District Court for the Northern District of California held in Savetsky v. Pre-Paid Legal Services, Inc. d/b/a LegalShield, Case No. 14-03514 SC  (N.D. Cal. Feb. 12, 2015), that merely alerting a site user prior to online checkout that the user can obtain more information… Read more