Pa. Court's Ruling On Uber Terms Clashes With Case Law

Law360 (January 30, 2020, 5:58 PM EST) -- If your company uses an online agreement and sells to Philadelphia residents, you will want to know about a Jan. 3 Philadelphia Court of Common Pleas ruling in Kemenosh v. Uber Technologies Inc.[1] The court refused to enforce the arbitration agreement in Uber’s terms of service on grounds contrary to settled law.

Uber’s signup screen notified customers that “[b]y creating an Uber account, you agree to the Terms of Service & Privacy Policy.” Those terms were accessible by clicking a hyperlink embedded in the phrase, “Terms of Service & Privacy Policy.”

But Judge Abbe Fletman concluded that those words convey only:...

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