Cullinane v. Uber Technologies, Inc., No. 16-2023 (1st Cir. 2018)Annotate this Case
The First Circuit reversed the district court’s grant of Uber Technologies, Inc.’s motion to compel arbitration in this putative class action brought by users of Uber’s ride-sharing service in the Boston area, concluding that Uber’s mandatory arbitration clause found in an online contract was unenforceable.
In their complaint, Plaintiffs alleged that Uber violated a Massachusetts consumer-protection statute by knowingly imposing fictitious or inflated fees. Uber moved to compel arbitration based on its terms and conditions (the agreement), which contained an arbitration clause and was available to Uber App users during the registration process. The district court granted the motion and dismissed the case. The First Circuit reversed, holding (1) Plaintiffs were not reasonably notified of the terms of the agreement and consequently did not provide their unambiguous assent to those terms; and (2) therefore, Uber failed to carry its burden on its motion to compel arbitration.