Second Circuit Scraps District Court's Denial Of Uber's Motion To Compel Arbitration

On August 17, 2017, the Second Circuit Court of Appeals vacated a district court's denial of Uber's and Mr. Travis Kalanick's motions to compel arbitration in a case involving price-fixing accusations.  In Meyer v. Kalanick, No. 16-2750 (2d Cir. Aug. 17, 2017), the Second Circuit held, as a matter of law, that plaintiff Spencer Meyer received objectively reasonable notice of the terms of service and unambiguously assented by clicking "register" on his smartphone when he signed up to use Uber's services.  The Second Circuit also remanded for consideration of whether Uber and Mr. Kalanick waived the right to compel arbitration by defending the lawsuit.

This was a heavily watched case with amici support on both sides.  The foes of arbitration hoped to use Meyer to call into question the viability of all click-through protocols that many companies use for their terms and conditions, not just Uber.