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☆ How century-old arbitration laws are failing consumers in the digital age
▼ + stars: | 2024-11-17 | by ( Lauren Edmonds | ) www.businessinsider.com time to read: +10 min

AdvertisementLarge companies like Disney and Uber have arbitration clauses in their Terms of Use. AdvertisementIt's a near-century-old practice that some legal experts say should be modernized for the digital age. The Disney caseIn the case of large companies, arbitration clauses included in one service can often apply to any service the company offers. AdvertisementHow consumers protect themselves from arbitration clausesCammarata said one way consumers can navigate arbitration is to check if a company's terms of use has an opt-out clause. Lee said that while courts tend to be critical of arbitration clauses in employment agreements, they're less so regarding things like streaming services or rideshare apps.

Persons: David Horton, Jeffrey Piccolo's, Kanokporn Tangsuan, Tangsuan, Piccolo, Disney, Josh D'Amaro, Joseph Cammarata, Sherman, Siegel, P.C, John, Georgia McGinty, Uber, Stark, John McGinty, Georgia McGinty Stacey Lee, Johns, Lee, Cammarata, it's, John Carpenter, Carpenter, Zuckerman Organizations: Disney, University of California, Davis, School of Law, University of Pennsylvania, New, New York State, Disney Springs, Planet Hollywood, Walt Disney, Getty, Ninth, Business, Washington DC, of, Georgia, Johns Hopkins Carey Business School, Association of America, Federal Locations: New York, Central Florida, Orange County , Florida, Chaikin, Washington, Georgia, Superior, of New Jersey, California

A couple, badly hurt in an Uber crash, can’t sue the company because their daughter once waived trial rights while using Uber Eats — a fateful click that prevents the family from suing the tech giant, a New Jersey appellate court ruled. But the court ruled that the couple cannot sue the tech giant because their daughter, a minor, once checked a box while using her mother’s phone to order a pizza on Uber Eats, agreeing to waive trial rights. Georgia and John McGinty. And even before that pizza order, the company said, Georgia McGinty had previously clicked through Uber’s fine print, agreeing to waive a jury trial. John McGinty suffered a fractured sternum and severe fractures to his left arm and wrist, leading to a bone graft.

Persons: can’t, John McGinty, —, Georgia McGinty, John, Evan Lide, ” Lide, “ That’s, ” Georgia McGinty, ”, “, NBC’s Organizations: “ Georgia, NBC News Locations: New Jersey, Georgia

☆ Couple in a severe Uber crash can’t sue because of an Uber Eats order
▼ + stars: | 2024-10-02 | by ( Jordan Valinsky | ) edition.cnn.com time to read: +4 min

New York CNN —A married New Jersey couple that was in a severe accident during an Uber ride can’t sue the company because they and their daughter agreed to arbitration when they accepted the terms of service for a separate Uber Eats order, a court has ruled. Georgia sustained several fractures throughout her body, including cervical, lumbar, spine and rib fractures and other physical injuries that required surgeries and other procedures. They tried taking Uber to court for a jury trial, but an appellate court recently ruled they can’t because they previously agreed to Uber’s updated terms and conditions requiring arbitration, which are the same in the Uber Eats and Uber ride app. The McGinty’s attorneys told CNN they’re reviewing the decision and will “likely” petition the New Jersey Supreme Court. Anger over arbitrationIt’s the latest case that highlights the intricacies of the terms of services having binding arbitration agreements that users agree to with many companies.

Persons: New York CNN —, John McGinty, Georgia McGinty, ”, John, Uber, ’ ” Uber, Georgia McGinty “, ’ ”, McGintys, they’re “, we’ve, ” Uber, Jeffrey Piccolo, Kanokporn Tangsuan, Disney, Piccolo, ” Josh D’Amaro Organizations: New, New York CNN, CNN, Uber, New Jersey Supreme, Disney, “ Locations: New York, New Jersey, Georgia

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