Meyer v. Uber Technologies, Inc.
United States Court of Appeals for the Second Circuit
868 F.3d 66 (2017)
Spencer Meyer (plaintiff) downloaded Uber's smartphone app and registered an account, then sued Uber Technologies (defendant) for price fixing. Uber moved to compel arbitration under a clause in its terms of service, presenting screenshots showing that the registration screen told users that creating an account meant agreeing to the terms, with the words 'terms of service' displayed as a clearly formatted hyperlink directly above the 'register' button, requiring no scrolling to see. The trial court denied Uber's motion, finding Meyer lacked reasonably conspicuous notice of the terms and had not unambiguously agreed to them, so he was not bound by the arbitration clause. Uber appealed.
Whether a smartphone app user has reasonably conspicuous notice of the app's terms of service when a reasonably prudent user would have known about the terms and what conduct was required to assent to them.