ClassPass case, the Court found that the words “Continue” and “Redeem now” created ambiguities for the user. Likewise, Screen 2’s “What’s your name” prompt preceded the “Continue” button, which suggested the user is continuing to enter their name rather than clicking to consent to the terms. • Third, the positioning, text size, and text color are important factors. The Court explained that optimal sign-in/sign up pages place the notice language within the “user’s natural flow,” display the language “more centrally,” and include a “less crowded” screen to be considered a conspicuous notice. Conclusion If you have questions about your online agreements, please contact your Fisher Phillips attorney, the authors of this Insight, or anyone of the Fisher Phillips Consumer Privacy Team. For more tailored resources and ongoing guidance, our FP U.S. Privacy Hub offers up-to-date insights, FAQs, and compliance solutions to help you navigate the modern consumer privacy landscape with confidence. Fisher Phillips will continue to monitor developments in this area and provide updates as warranted, so make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information direct to your inbox.
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