In a 5-2 decision, New York State’s high court this week upheld Uber’s “clickwrap” agreement requiring arbitration of all disputes in a case of a passenger who was injured by another vehicle after exiting an Uber car.
The woman had argued that Uber was misleading about whether its agreement applied to her suit against Uber that she had filed two months before Uber sent out its updated terms of use in a mass email. Uber claims it did not learn of her complaint in a timely manner because of slow mail processing at its New York office during the Covid pandemic. She maintained that Uber knew either of her court action or that she was represented by counsel at the time she assented to Uber’s updated terms with clicks on her smartphone.
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