Email Isn’t Enough? Courts Take a Harder Look at Online TOS Modifications

For years, many platforms treated unilateral online terms updates as a checklist item: revise the terms, post the new version, email notice, and rely on “continued use = acceptance.”

Recent decisions, often in fights over newly added arbitration provisions, suggest courts are less willing to accept that workflow on faith. The doctrine hasn’t changed so much as the scrutiny. Judges want meaningful notice, clearer evidence of acceptance, and (sometimes) guardrails that keep modification rights from becoming an “anything goes” escape hatch.

Read the full blog post.