Matthew E. Selmasska, left, and Matthew A. Green, right, of Obermayer Rebmann Maxwell & Hippel. Courtesy photos.Pa. Supreme Court to Decide Enforceability of 'Browsewrap' Arbitration Agreements
The Pennsylvania Supreme Court is set to take up the enforceability of Uber’s “browsewrap” arbitration agreements. With browsewrap agreements, the actual text of an arbitration clause is not initially displayed and requires the user to take further action by clicking a link to view the actual terms. Given the format of these agreements, according to Uber, a user’s continued use of the website manifests the user’s consent to all terms and conditions even if the user hasn’t actually viewed the terms.
January 14, 2025 at 08:00 AM
8 minute read
Businesses and their web developers must ensure arbitration agreements in internet contracts are presented in a way to ensure the user’s assent to the terms.
The Pennsylvania Supreme Court is set to take up the enforceability of Uber’s “browsewrap” arbitration agreements. With browsewrap agreements, the actual text of an arbitration clause is not initially displayed and requires the user to take further action by clicking a link to view the actual terms. Given the format of these agreements, according to Uber, a user’s continued use of the website manifests the user’s consent to all terms and conditions even if the user hasn’t actually viewed the terms. The Pennsylvania Superior Court disagreed. See Chilutti v. Uber Technologies, No. 1023 EDA 2021, 300 A.3d 430, 449 (Pa. Super. Ct. 2023).
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