A Kings County New York Judge has ruled that Uber cannot force arbitration on a customer, finding that Uber had not proven that the customer agreed to arbitrate disputes when she signed up on-line for Uber’s services. The Judge carefully reviewed the declarations that described the account-creation process and determined that it was possible that the customer could have created an account without ever actually seeing Uber’s terms and conditions. And because Uber offered no proof that the customer actually saw the terms and conditions, an agreement to arbitrate was never formed. The case is Ramos v Uber Tech., Inc., 2018 NY Slip Op 28162 (Kings County NY May 31, 2018).
Ramos v Uber Tech., Inc Denying Motion to Compel Arbitration