Calif. Justices Set Low Bar For Website Bias Claims

Law360 (August 16, 2019, 2:28 PM EDT) -- The California Supreme Court recently sent a clear message to businesses that “online discriminatory practices” will not be tolerated. In order to proceed with a lawsuit, plaintiffs need only show that they intended to use an online business’ services, and encountered allegedly discriminatory practices. 

The Supreme Court’s opinion in White v. Square Inc.[1] could have far-reaching impact on e-commerce, initially in California and potentially nationwide. Businesses with an online presence should review their terms of services and end-user license agreements, and consult with counsel to address any potentially “discriminatory” terms which could unnecessarily expose the business to litigation. 

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