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Contracts Keyed to Farnsworth
Kauders v. Uber Technologies, Inc.
Citation:
486 Mass. 557, 159 N.E.3d 1033 (2021)Facts
Christopher Kauders registered with Uber through its mobile application on June 27, 2014, and Hannah Kauders registered around October 2015. The registration process involved three screens where users entered personal and payment information. On the third “LINK PAYMENT” screen, at the bottom, text stated: “By creating an Uber account, you agree to the Terms & Conditions and Privacy Policy,” with the latter part appearing as a hyperlink. Users could complete registration without clicking on or viewing these terms. The terms included an arbitration clause, limitations of liability, and various other provisions highly favorable to Uber. After registering, Christopher Kauders alleged that three Uber drivers refused him service because he was blind and accompanied by a guide dog, in violation of Massachusetts anti-discrimination law. When Kauders sued, Uber moved to compel arbitration based on its terms and conditions. The case was initially sent to arbitration, where Uber prevailed, but after a relevant First Circuit decision (Cullinane v. Uber), the trial court reconsidered and found no enforceable agreement existed between the parties.
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