Clicking “Agree” Without Reading the Fine Print – Always Enforceable?

I called in to The Kojo Nnamdi Show in response to the panel’s request to listeners for information about judicial decisions that have invalidated unfair online contracts. I have two chapters in my book, Chapters B.9 and B.11, which describe some U.S. and E.U. judicial decisions that have invalidated such contracts. Chapter A.7 describes U.S. contract law defenses to contract enforcement, generally. Although the U.S. Supreme Court is making class action challenges to online contracts more difficult, other forums for challenges, including small claims court, remain.

New federal law protecting online privacy is desirable. Existing federal and state law consumer contract protections should not be ignored. These include: 1) federal statutes prohibiting deceptive advertising, which the Federal Trade Commission has interpreted for websites and other electronic communications in its 2013 “Dot Com Disclosures” Guidance; 2) recent federal and California statutes prohibiting enrollment of consumers in monthly billed subscriptions without clear permission, and prohibiting transfer by online businesses to third parties of consumer credit card information without clear permission; and 3) universal U.S. state law rules against “unconscionable” contracts and against the performance and enforcement of contracts that is not done in “good faith”. See Every1’s Guide to Electronic Contracts at, and for more information.

Clicking “Agree” Without Reading The Fine Print | The Kojo Nnamdi Show