News & Analysis as of

Uber Clickwrap Agreements Arbitration Agreements

Carlton Fields

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold...

Carlton Fields on

In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more

Hinshaw & Culbertson LLP

Wu v. Uber Tech., Inc.: New York State's Highest Court Issues a Veritable Instruction Manual for Drafting Enforceable Clickwrap...

Just before the 2024 holiday season, in Wu v. Uber Tech., Inc.,[i] New York State's Court of Appeals, the state's highest court, issued a veritable instruction manual for those involved in the online provision of consumer...more

Foley & Lardner LLP

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of...

Foley & Lardner LLP on

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more

Fisher Phillips

Gig Employers, Arbitration Agreements, and the Power of the “Click”

Fisher Phillips on

How important is your businesses’ terms of service (TOS) agreement, usually presented to users of your business model through a process requiring them to click “I agree” before they can access your platform? A recent case...more

Proskauer - New Media & Technology

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more

Mintz - Arbitration, Mediation, ADR...

On-line Arbitration Agreements: A Tale of Two “Click Wraps”

What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more

Ballard Spahr LLP

Court: Web Registration Did Not Establish User Assent to Arbitration Agreement

Ballard Spahr LLP on

Perhaps overshadowed in the raging battle over the Consumer Financial Protection Bureau's proposal to ban the use of class action waivers in consumer arbitration agreements involving consumer financial products or services is...more

Wilson Sonsini Goodrich & Rosati

Federal Court Decision Provides Useful Guidance to Companies Offering Products and Services Pursuant to Online Terms of Use

On July 29, 2016, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued an opinion and order in Meyer v. Kalanick, denying Uber Technologies' motion to compel arbitration of a consumer's...more

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