As the popularity of online review sites like Yelp and Trip Advisor continues to grow, businesses look for ways to manage negative consumer feedback. Some sellers have included a waiver clause in their online terms of use whereby the consumer agrees not to make any statement regarding the products or services or the employees of the business.
A new California law is the first to ban such clauses in any contract for the sale or lease of consumer goods or services. The law states that such clauses are “contrary to public policy, and is void and unenforceable”. Violation of the law could result in civil penalties from $2,500 to $10,000. The law also provides consumers with a private right of action to sue for statutory violations.
The new law takes effect on January 1, 2015. See the text of the law here. Contact Ossian Law regarding laws impacting online activities or any other information technology law questions.
UPCOMING PRESENTATIONS & WORKSHOPS
7th Annual Information Technology Law Seminar, Wednesday, September 24th, Inn at St. Johns, 44045 Five Mile Rd., Plymouth, MI
Update on the Computer Fraud & Abuse Act
— Kathy Ossian
Register at http://www.michbar.org/it/pdfs/Sept_Reg.pdf
Ossian Law P.C. – Tuesday, September 30th 8:00-9:30 a.m.
Avoiding Technology-Aided SNAFUs
Continually evolving technology makes our lives easier. As more activities become Internet-enabled, the potential for mistakes also increases. Kathy Ossian will provide specific examples of technology-aided SNAFUs, including those involving using and managing social media, email, web sites, mobile apps and online accounts. Learn steps designed to avoid technology-aided blunders. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Continental breakfast is included. Space is limited. Register here today!
OU Incubator Growing Your Business
Tips and Tools Series
Shotwell-Gustafson Pavilion
1 Golf View Lane, Rochester, MI 48309-4401
Defining the Legal Aspects of Mobile Apps
Tues., Oct 14th, 9-10:30 a.m.
Whether you’re an app designer, provider or user, the legal aspects of mobile app features and functions are important considerations. Are mobile payment transactions secure? Does your mobile app address customer’s privacy rights? Kathy Ossian will discuss these questions, the regulatory schemes and gaps, industry guidelines and best practices in the ever-changing app landscape. To register for this free event, call (248) 648-4800.
Ossian Law P.C. – Wednesday, October 29th 8:00-9:30 a.m.
Contentious Clauses in Software Agreements
Regardless of how software is delivered – by download or a hosted solution, certain clauses are the subject of much negotiation – limitations of liability and damages, warranties, indemnification among them. Hear both sides of these contentious clauses as well as some negotiation tips. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Continental breakfast is included. Space is limited. Register here today!
Source: Ossian Law
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