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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Cullinane v. Uber Technologies
Citation:
893 F.3d 53 (2018)Facts
All four named plaintiffs downloaded the Uber App on iPhones and created Uber accounts between December 2012 and January 2014. The plaintiffs used the Uber App to request transportation services and were charged various fees including an $8.75 “Massport Surcharge” and a $5.25 “East Boston toll.” The plaintiffs alleged these fees were charged unnecessarily and sought to represent a class of Massachusetts-resident Uber passengers who had been similarly charged.
The Uber App registration process included three screens requiring user information. On the third screen, titled either “Link Card” or “Link Payment” (depending on when the user registered), users were asked to enter payment information. At the bottom of this screen, in dark gray text on a black background, was the statement “By creating an Uber account, you agree to the” followed by the phrase “Terms of Service & Privacy Policy” in white bold text within a gray rectangular box. This phrase was a hyperlink that, if clicked, would take users to another screen with additional hyperlinks to the full terms. The registration process did not require users to click on the hyperlink or explicitly agree to the terms before completing registration.
The Terms of Service contained an arbitration clause requiring that all disputes be settled by binding arbitration. Uber did not claim that any of the plaintiffs actually saw or clicked on the Terms of Service hyperlink.
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