Fteja v. Facebook, Inc.’s Empirical Analysis

Citation profile

5 federal appellate · 5 district · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By clicking Sign Up, you are indicating that you have read and agree to the Terms of Service”

   10 later decisions quote this exact passage · from the majority
   e.g. Cullinane v. Uber Techs., Inc. · Meyer v. Kalanick

2. “The mechanics of the internet surely remain unfamiliar, even obtuse to many people. But it is not too much to expect that an internet user whose social networking was so prolific that losing Face-book access allegedly caused him mental anguish would understand that the hyperlinked phrase “Terms of Use” is really a sign that says “Click Here for Terms of Use.” So understood, at least for those to whom the internet is in an indispensable part of daily life, clicking the hyperlinked phrase is the twenty-first century equivalent of turning over the cruise ticket.”

   2 later decisions quote this exact passage · from the majority
   e.g. Berkson v. Gogo LLC · 973 F. Supp. 2d 467 - Adelson v. Harris

3. “Facebook’s Terms of Use are somewhat like a browsewrap agreement in that the terms are only visible via a hyperlink, but also somewhat like a clickwrap agreement in that the user must do something else — click “Sign Up” — to assent to the hyperlinked terms. Yet, unlike some clickwrap agreements, the user can click to assent whether or not the user has been presented with the terms.”

   2 later decisions quote this exact passage · from the majority
   e.g. Berkson v. Gogo LLC · 360 F. Supp. 3d 1289 - Temple v. Best Rate Holdings LLC