The Majority Upholds Retroactive Application of Clickwrap Arbitration Agreement
The authors write "The New York Court of Appeals’ recent decision in Wu v. Uber Technologies, Inc. underscores the growing tension between traditional contract law principles and the realities of digital consumer agreements. The case revolved around Uber’s enforcement of a 'clickwrap' arbitration agreement, embedded in its updated terms of use, against a plaintiff who had filed a personal injury lawsuit before allegedly agreeing to the new terms."
December 17, 2024 at 12:00 PM
7 minute read
The New York Court of Appeals’ recent decision in Wu v. Uber Technologies, Inc. underscores the growing tension between traditional contract law principles and the realities of digital consumer agreements. The case revolved around Uber’s enforcement of a “clickwrap” arbitration agreement, embedded in its updated terms of use, against a plaintiff who had filed a personal injury lawsuit before allegedly agreeing to the new terms. While the Court ultimately upheld Uber’s right to compel arbitration, the decision explored critical questions about notice, consent, and fairness in the age of online contracting.
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