Judge Rules Uber Cannot Force Private Arbitration on Customer

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

Keith Dubanevich
Keith is an accomplished trial and appellate lawyer with over 35 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, Keith is adept at handling multi-state and international antitrust cases, consumer litigation, and securities disputes. Keith has argued appeals in multiple state and federal appellate courts, and handled appeals to the U. S. Supreme Court. Keith’s clients value his keen instincts in court and his ability to delve into complex legal issues while never losing sight of the overall strategy of a case. A judge commented that during a recent trial Keith was “remarkably thorough, … prepared, respectful, and efficient.” Keith has also received high praise from his peers including this comment about a recent arbitration proceeding: “I was so impressed with your professionalism and effectiveness. Your whole presentation was a model of what an advocate should be.” During his time at the Oregon Department of Justice as Associate Attorney General and Chief of Staff, Keith led the creation of a civil rights unit, managed securities litigation including multiple cases against financial services companies, and supervised antitrust investigations and prosecutions. He was also involved with the adoption of legislation that expanded the Unlawful Trade Practices Act to include financial services companies.


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