In Wollen v. Gulf Stream Restoration and Cleaning, 2021 N.J. Super. LEXIS 94 (App. Div. July 9, 2021), the New Jersey Appellate Division held that for an online consumer contract to be enforceable, the company must show that the online consumer had knowledge of and assented to its terms and conditions. In so deciding, the Appellate Division emphasized the importance for companies to provide their online consumers with reasonable notice of all terms and conditions. 

In connection with many online transactions, “Terms and Conditions” will often be found on a company’s website. Setting forth conditions of sale and/or service, cancellation or termination, possible limitations of liability, governing law, and dispute resolution, among other things, companies rely on the enforceability of such “Terms and Conditions” to set forth ground rules for transactions with their customers. Even after a company has posted Terms and Conditions to its website, however, a prevalent issue is whether the online consumer had a reasonable notice of the contract and has actually agreed to its terms.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]