Judge Rules Uber Cannot Force Private Arbitration on Customer

July 25, 2018 by

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, appellate, and healthcare lawyer with over 30 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, with particular emphasis in the healthcare industry, Keith is adept at handling multi-state and international antitrust cases, consumer litigation, and securities disputes. In healthcare, he has handled peer review disputes, partnership and incorporation matters, and billing investigations. Keith has led internal investigations for public entities as well as for not-for-profit organizations. 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. 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 and legislation that imposed a mediation requirement prior to non-judicial foreclosures.

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