The judge said the company cannot prove she actually read the terms before she signed up or took the ride, so she cannot be compelled into closed door arbitration. Judge Abbe F. Fletman said it is possible to register for the app “without clicking on a hyperlink to review the company’s terms of service,” and as such, the process did not adequately communicate the arbitration offer under state law.
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Judge Calls Out Lack of Link to Uber’s 'Terms' in Fractured Spine Case
Jillian Kemenosh fractured her spine while riding in an Uber and the ride-share company said she waived her right to a jury trial when she accepted the “terms and conditions” of the app. A Philadelphia Common Pleas Court judge disagrees, though. So reports The Philadelphia Inquirer.
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