Mass. Uber Ruling Offers Insights on Online Contracts | Troutman Pepper
On Jan. 4, the Massachusetts Supreme Judicial Court issued a ruling in Kauders v. Uber Technologies Inc. that has important implications for the enforceability of online and/or app contracts, and the arbitration agreements included in them.[1] In short, the court concluded that Uber's terms and conditions did not constitute a contract with the plaintiffs, because the app's registration process did not provide users with reasonable notice of the terms and conditions, and did not obtain a clear manifestation of assent to the terms. In doing so, the court analyzed the features of the Uber app t...