January 10, 2020

Square Wins Dismissal in Terms of Service Case

Munger, Tolles & Olson secured a victory for Square, Inc. in a lawsuit alleging the company violated the Unruh Civil Rights Act by restricting the ability to use its payment technology to buy or sell firearms.

On Jan. 10, 2020, California Superior Court Judge Brian McCabe sustained Square’s demurrer, concluding that Square has legitimate business interests in restricting the use of its service for buying and selling firearms, including to comply with federal and state law and avoid the harm to its reputation threatened by the risk of being associated with the unlawful use of even legally purchased weapons. The court also rejected the allegation of intentional discrimination.

Square is represented by Jonathan H. Blavin, Rose Leda Ehler, J. Max Rosen and Maggie Thompson.