Federal court finds online agreements are binding

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Richard Forno <rforno () infowarrior org>
> Date: August 19, 2017 at 12:49:47 PM EDT
> To: Infowarrior List <infowarrior () attrition org>
> Cc: Dave Farber <dave () farber net>
> Subject: Federal court finds online agreements are binding
>
> Uber Wins Ruling on ’Terms of Service’ Agreements
>
> Federal court finds online agreements are binding, regardless of whether customers read or understand them
>
> Greg Bensinger
> Aug. 17, 2017 4:03 p.m. ET
>
> https://www.wsj.com/articles/uber-wins-ruling-on-terms-of-service-agreements-1503000236?mod=e2twd
>
> A federal court Thursday ruled that the often lengthy online agreements customers face when registering for sites and 
> apps are binding, even if customers don’t fully understand or take the time to read them, giving a boost to companies 
> seeking to avoid class-action lawsuits.
>
> The U.S. 2nd Circuit Court of Appeals found that Uber Technologies Inc. customers sign over their rights to sue in 
> court when they click to agree to the ride-hailing company’s terms of service, which include a provision requiring 
> arbitration.
>
> The case had been closely watched by technology companies, which favor such agreements as a way to keep customers 
> from taking them to court, where sensitive business practices and unfavorable rulings could become public. 
> Arbitration typically allows businesses to reach settlements privately and may not require them to make broad changes 
> to their practices—a possible outcome in class-action suits.
>
> The case strikes at a fact of everyday life for users of websites and mobile phones, who come across these agreements 
> before being allowed to use a site or app for the first time. There typically is no means for customers to strike out 
> certain provisions or reject the terms outright and still hope to use the service.
>
> Circuit Judge Denny Chin overturned a district-court ruling that found Uber’s terms of service were difficult for 
> customers to access, and therefore couldn’t be enforced because customers didn’t always know what they were agreeing 
> to. New Uber customers agree to terms that include resolving disputes through arbitration when they click to register 
> for the mobile app—even though the full list of provisions is only available on a separate Uber website.
>
> “The district court erred in concluding that the notice of the Terms of Service was not reasonably conspicuous,” 
> Judge Chin wrote. “While it may be the case that many users will not bother reading the additional terms, that is the 
> choice the user makes.”
>
> < - >



-------------------------------------------
Archives: https://www.listbox.com/member/archive/247/=now
RSS Feed: https://www.listbox.com/member/archive/rss/247/18849915-ae8fa580
Modify Your Subscription: https://www.listbox.com/member/?member_id=18849915&id_secret=18849915-aa268125
Unsubscribe Now: 
https://www.listbox.com/unsubscribe/?member_id=18849915&id_secret=18849915-32545cb4&post_id=20170819134117:9734435A-8505-11E7-B8D5-87A767EEA303
Powered by Listbox: http://www.listbox.com