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ARTICLE · 31 MAY 2023

Amazon Drivers Avoid Arbitration Claiming Non-Delivery Of Updated TOS

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The Ninth Circuit recently issued an opinion that could shape how companies draft and revise two oft-encountered types of contracts: terms of service agreements ("TOS") and arbitration clauses.

United StatesLitigation, Mediation & Arbitration
Tara Brailey
Tara Brailey
Margaret Dale
Margaret Dale
Bradley Bobroff
Bradley Bobroff
Jordan B. Leader
Jordan B. Leader
Julia D. Alonzo
Julia D. Alonzo
Jennifer Roche
Jennifer Roche
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The Ninth Circuit recently issued an opinion that could shape how companies draft and revise two oft-encountered types of contracts: terms of service agreements ("TOS") and arbitration clauses.

In Jackson v. Amazon.com, Inc., the Ninth Circuit affirmed the district court's order denying Amazon.com, Inc.'s motion to compel arbitration in a case brought by a proposed class of "Amazon Flex" drivers. Amazon Flex is a delivery program run through a smartphone app that Amazon uses to engage individuals to make Amazon deliveries in their personal cars.

The complaint alleged Amazon violated the drivers' privacy under state and federal laws by monitoring and wiretapping the drivers' off-hours conversations in closed Facebook groups. Amazon argued that the dispute should be sent to arbitration, pointing to a broad arbitration clause in the Amazon Flex 2019 TOS applicable to the drivers, which provided that the arbitrator had jurisdiction to determine whether a claim was

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