Pennsylvania Appellate Court Invalidates Online Arbitration Clause in Hyperlinked ‘Terms and Conditions’

The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly inform customers that they were waiving their right to a jury trial. Chilutti v. Uber Technologies, Inc., No. 1023 EDA 2021 (Pa. Super. Ct. Oct. 12, 2022).

An Uber driver was transporting Ms. Chilutti home from a medical appointment when the vehicle made a sharp turn. Ms. Chilutti, who was wheelchair-bound, fell from her wheelchair and was injured. Ms. Chilutti and her husband sued Uber for negligence…

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