Are Clickwrap and Clickthrough Agreements Legally Binding? [60 Second Law Bite]

Hey everyone, its attorney Brian Russ coming at you with another 60 second Law bite. So today’s topic is are click wrap and click through agreements legally binding. So again these contracts are those where you see them online, you see them in digital platforms, or you are clicking on something to accept the terms of the contract. A lot of times, people feel like they can accept it without reading it and there’ll be a defense. They’re gonna say, “Well, I never read it” or you know, it was not put in a way that is that is helpful for me. The thing is, is that they are legally binding contracts, yes, absolutely, they can be. The key is, whether proper assent is shown and whether the layout and such was in a way that it made it clear to the person accepting the terms that it was actually a contract. So a lot of times, ecommerce providers or whomever, they try to present these things in a way that make it look like it’s just it’s just nothing to worry about. What I always tell folks, again, this just informational… each state is different. Contract law is very much a jurisdictional by jurisdictional, a state by state kind of issue. But generally, yes, click through agreements are found to be legally binding. I think that the entirety of E-commerce kind of relies on on on their acceptability. So the defense of, I didn’t read it, or I didn’t know is really not going to help you here, especially if it’s forcing you to click that you accept it. There’s a separate step from purchasing something. So yes, they are legally binding depending on the circumstances. Each state has different rules. But generally, yes, the law is developed in such a way, over the past 25 years, to find these things to be fine. Anyways, I know this has been over 60 seconds, but I think it is critical for consumers to be aware that yes, these things are binding, regardless of how many terms are in there. There’s a presumption that you’ve read it and you know what you’re doing so anyways, click wrap, click through agreements, definitely binding. Have a good one!

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