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.

In July 2020, plaintiff Emily Wu hailed an Uber ride in Brooklyn. According to her complaint, the driver dropped her off in the middle of a busy intersection, where she was struck by an oncoming vehicle moments after exiting the car. Wu sustained serious injuries and filed a personal injury lawsuit against Uber in Bronx County Supreme Court in November 2020, alleging negligence on the company’s part under a respondeat superior theory. At the time, Uber’s terms of use did not explicitly require arbitration for claims already filed in court.