Uber’s 'Barely Visible' Button Isn’t Binding, 1st Circ. Says

Law360 (June 25, 2018, 8:19 PM EDT) -- The First Circuit ruled Monday that Uber Technologies Inc. cannot force a proposed class of riders to arbitrate allegations the ride-hailing service inflated airport fees, finding that a button in its phone application that is "barely visible" until the user enters payment information doesn’t give users ample warning of a mandatory arbitration agreement.

A unanimous three-judge panel said in a 25-page opinion that Uber's terms of service and privacy policy hyperlink is not conspicuous enough to notify new users about what they were agreeing to, nor is the text Uber uses to notify users that the creation of an Uber account...

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