The Massachusetts Supreme Judicial Court (SJC) ruled on Kauders v. Uber Technologies Inc. on January 4. The SJC concluded that Uber’s registration process does not provide a clear notice of its terms and conditions. It also isn’t clear on mutual consent to the terms.
Mr. Kauders was rejected by several Uber drivers because he was blind and accompanied by a guide dog. He brought suit against Uber alleging discrimination. Uber claimed that because Mr. Kauders agreed to their Terms & Conditions when he created his account, that he had to arbitrate his claims. The SJC ruled in favor of Mr. Kauders. The court noted the terms would be legally enforceable if Uber had required users to review the Terms & Conditions in full and agree before registering.
The SJC’s decision means technology companies must meet very clear standards. It is no longer acceptable to impose one-sided terms with users over a smartphone app. Reasonable notice and reasonable manifestation of assent are required – neither of which Uber’s registration process met.
If you believe you have a personal injury claim involving Uber, you should talk with an experienced attorney. SUGARMAN’s personal injury attorneys have experience in personal injury cases involving ride share services. Call us at 617-542-1000, email email@example.com, or fill out a Contact Form.