March 9, 2026
Consent, now served in Spam
US Court of Appeals: TOS may be updated by email, continued use implies consent [pdf]
Court says “check your spam” counts — keep using the app and you’ve agreed
TLDR: A U.S. appeals court said companies can change Terms of Service by email and your continued use means you agreed, even if the notice lands in spam. Commenters blasted the ruling as out-of-touch and pro-corporate, joking about “implied consent” and warning it pushes people into private arbitration.
The internet is fuming after a U.S. appeals court said companies can update their Terms of Service by email and your continued app use means you’ve agreed — even if the email landed in your spam. This case centered on Tile and its parent Life360, as plaintiffs said stalkers abused Tile trackers, but the courtroom twist was all about fine print: the company emailed new terms with a stronger arbitration clause (aka you go to private dispute resolution, not court). One plaintiff only found the email months later in spam — then opened the app — and boom, consent. Commenters called it dystopian. “Bad engineering meets bad law,” raged one, while another blasted the court for ignoring the spam problem entirely.
The thread spiraled into a full-on culture war: “US capitalism” and corporate power took the blame, with users saying this normalizes “clickless consent.” A few stoics muttered about personal responsibility to check your spam — and immediately got ratio’d. The memes? Off the charts: “Terms of Spam,” “you agreed in your sleep,” and a viral parody contract: “by reading or not reading this comment, you imply consent…” People worry this quietly waives your right to sue. Read the room: users think this sets a scary precedent for Terms of Service and pushes more disputes into arbitration.
Key Points
- •The Ninth Circuit reversed and remanded a district court’s partial denial of Tile and Life360’s motion to compel arbitration.
- •Plaintiffs allege third-party stalkers used Tile Trackers to track them, asserting violations of California law by Tile and Life360.
- •Earlier Tile Terms incorporated AAA rules; October 2023 Terms expressly delegated arbitrability and required binding arbitration.
- •Tile notified users via an emailed “Updated Terms of Service and Privacy Policy,” stating continued use after November 26, 2023 signaled consent.
- •Plaintiff Melissa Broad found the notice in spam in January 2024 and used the Tile app that month; the court deemed continued use acceptance of updated terms.