In the somewhat prosaic case of Kemenosh v. Uber Technologies, No. 181102703, Control No. 19042403 (C.P. Philadelphia Jan. 3, 2020), Judge Abbe Fletman addressed the question of whether an Uber arbitration clause bound an injured passenger.

Jillian Kemenosh asserted that while she did register for Uber in 2013, she did not see the terms of service hyperlink, did not click on any hyperlinks and did not review the terms of service. In her affidavit, Kemenosh declared she did not review and was not required to review the arbitration provisions when she registered to use Uber in October 2013. Updated terms were sent to the plaintiff in 2016. The updated terms referred to legal issues and the email was displayed in a bright green hyperlink text that when clicked led to the updated terms and conditions.

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