September 17, 2019

September 17, 2019

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September 16, 2019

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California Federal Court Enforces Arbitration Provision in Uber Agreements

A class action alleging unsolicited text messages received from Uber violated the Telephone Consumer Protection Act (TCPA) and California competition law was sent to arbitration by a California federal court based upon an arbitration clause contained in the Technology Services Agreement (TSA) between certain of the class plaintiffs and Uber subsidiaries. Moreover, the court noted that the delegation clause in the agreement “clearly and unmistakably delegate the gateway question of arbitrability to the arbitrator, no matter what Plaintiffs’ purported subjective understanding of the terms of the agreement may have been.” The plaintiffs who had entered into the TSA were thus dismissed, and the action with the remaining plaintiffs will continue.

Fridman v. Uber Techs., Inc., 4:18-cv-02815 (N.D. Cal. Mar. 27, 2019)

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About this Author

Nora A. Valenza-Frost, Carlton Fields, Insurance lawyer
Associate

Nora Valenza-Frost represents U.S. and international insurers and reinsurers in arbitration and litigation involving complex claims, coverage and regulatory issues across all lines of business.

Nora provides coverage opinions for claims involving several lines of business, including commercial general liability (CGL), professional liability, directors and officers liability (D&O), contractor’s protective professional indemnity (CPPI), errors and omissions (E&O), excess and surplus lines, property, workers’ compensation, business interruption, life and health, pollution,...

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