An increasing number of companies are using click-through agreements to allow users a quick way to agree to terms of service. However, judges are asking for more sophisticated kinds of evidence when these agreements are questioned in courts, which has resulted in a lower success rate in upholding these agreements in 2019.

Brian Powers, CEO of PactSafe Inc., an Indianapolis-based, high-velocity contract acceptance platform, spoke with Corporate Counsel on what is new in click-through litigation, what judges are looking for to uphold these contracts, and how privacy laws are impacting click-through agreements.