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Meyer v. Uber Technologies, Inc.

United States Court of Appeals for the Second Circuit
868 F.3d 66 (2d Cir. 2017), vacating and remanding sub nom. Meyer v. Kalanick, 200 F. Supp. 3d 408 (S.D.N.Y. 2016)



Spencer Meyer (plaintiff) downloaded a smartphone app offered by Uber Technologies (Uber) (defendant). Meyer then registered for an Uber account with his smartphone. Meyer brought action against Uber, alleging price fixing. Uber moved to compel arbitration, based on the arbitration provision contained in the app’s terms of service. As evidence, Uber presented screenshots showing that users who registered on the app were advised that by creating an Uber account, they agreed to the app’s terms of service. The words “terms of service” were capitalized, underlined, and written in blue, indicating a hyperlink. The hyperlink took users to a separate page containing a button that, when clicked, would display Uber’s terms of service. The user did not need to scroll down the screen to see the hyperlink. Above the hyperlink was a button labeled “register,” which users clicked to complete the registration process. The trial court denied Uber’s motion, holding that Meyer did not have reasonably conspicuous notice of and did not unambiguously manifest assent to Uber’s terms of service when he registered. The trial court thus held that Meyer was not bound by the mandatory arbitration provision contained in the terms of service. Uber appealed.

Rule of Law


Holding and Reasoning (Chin, J.)

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