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ARTICLE · 30 AUGUST 2017

On-Line Arbitration Agreements: A Tale Of Two "Click Wraps"

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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What makes an on-line arbitration agreement binding against a website user?

United StatesLitigation, Mediation & Arbitration
Kevin Ainsworth
Kevin Ainsworth
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What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a second decision on this issue, providing additional elucidation following its 2016 decision in Nicosia v. Amazon, Inc. 834 F.3d 220 (2d Cir. Aug. 24, 2016).The Nicosia and Meyer cases each involved an on-line agreement with a user who claimed not to have read the company's terms and conditions, including an arbitration clause. In Meyer, Uber's agreement to arbitrate was held to be enforceable against the user; in Nicosia, Amazon's was not—at least on the record before the Court of Appeals.

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