"Yes, I Agree": With A Click, Uber Drivers Can Waive Right To Bring Class Action Suits

Recently, in a major win for employers and companies that transact business on the internet, the Ninth Circuit upheld the use of arbitration class-action waivers in so-called clickwrap agreements. These types of agreements are commonplace—consumers installing software or signing up for a service are presented with a company's terms and conditions on their screen, and are required to click "I agree" to proceed.

Like many other modern agreements, clickwrap agreements often include arbitration clauses, including arbitration clauses containing class-action waivers. Such is the case with certain contracts used by Uber Technologies, Inc. ("Uber"), a popular car service that connects customers with drivers through a cell phone application. Recently, former Uber drivers brought suit against Uber concerning the termination of their employment, and the validity of their agreements with Uber was questioned. In Mohamed v. Uber Technologies, Inc., — F.3d —-, Nos. 15-16178,