Uber's Subtle Login Link Dooms Bid To Arbitrate ADA Case

Law360 (March 3, 2020, 6:14 PM EST) -- Uber's sleek login screen has led to another headache for the tech behemoth, with a Massachusetts federal judge ruling Tuesday that a link to the company's terms and conditions isn't conspicuous enough to trigger its arbitration provision in a proposed class action over wheelchair-accessible service.

U.S. District Court Judge Douglas P. Woodlock — who in 2014 shunted another Uber-rider class action into arbitration only to be reversed by the First Circuit because the link wasn't conspicuous enough — denied Uber's request for arbitration in the Americans with Disabilities Act case. Judge Woodlock said the earlier suit, Cullinane et al. v. Uber Technologies Inc., convinced him that Uber had...

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