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Contracts Keyed to Whaley
Meyer v. Uber Technologies, Inc.
Citation:
United States Court of Appeals, Second Circuit, 2017, 868 F.3d 66Facts
Uber (Defendant) offers a software application for smartphones (the “Uber App”) which allows riders to request rides from third-party drivers. Spencer Meyer (Plaintiff) downloaded the Uber App, registered an account, and took 10 rides with Uber drivers in NY, CT, Washington, D.C., and Paris. Plaintiff brought an action against Defendant for price fixing. Defendant moved to compel arbitration based on the Uber App’s Terms of Service. In support of its motion to compel arbitration, Defendant provided two screenshots that a user registering in October 2014 (when Plaintiff registered) would have seen during the registration process. The first was a “registration” screen, and the second was a “payment” screen which prompted the user to enter their credit card information to pay for rides. On the payment screen, users were advised that by creating an Uber account, they agreed to the App’s Terms of Service. This phrase was capitalized, bright blue, and underlined; it was a hyperlink that, when clicked, took the user to a third screen containing the current version of Uber’s Terms of Service and Privacy Policy. The Terms of Service contained a mandatory arbitration provision.
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