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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...
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Case Information

Case Title

Cullinane et al v. Uber Technologies, Inc.


Case Number

1:14-cv-14750

Court

Massachusetts

Nature of Suit

Contract: Other

Judge

Douglas P. Woodlock

Date Filed

December 30, 2014


Case Title

Cullinane, et al v. Uber Technologies, Inc.


Case Number

16-2023

Court

Appellate - 1st Circuit

Nature of Suit

4190 Other Contract

Date Filed

August 16, 2016

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