Placement Of Checkbox Can Make Or Break A Clickwrap Agreement

Richard Raysman is a Partner in Holland & Knight's New York office

The enforceability of a wrap agreement (browsewrap, clickwrap and shrinkwrap) can often turn on what to the untrained eye may be mere minutiae. Such minutiae can include the nuances of the design of a website. For example, in Friedman v. Guthy-Renker LLC, No. 2:14-cv-06009-ODW, 2015 WL 857800 (C.D. Cal. Feb. 27, 2015), a recent case from the Central District of California, the court was faced with objections to a website's browsewrap agreement. As the decision ultimately illustrated, the enforceability of these agreements can depend at least in part on the location of text relative to a checkbox a customer must click in order to manifest the requisite assent.