How often do you read the terms and conditions when signing up for a new product or service? In most cases, people skim the actual contract and click “agree” to terms we never truly agree to.
On Monday, Uber stood before the court of appeals to explain their terms of service agreement, saying users who sign up and agree to the terms are subsequently relinquishing their right to sue the company. Uber’s argument comes in objection to a lawsuit filed by a group of Massachusetts travelers who sued the company after being charged $8.75 for an airport ride fee. The company said the riders were “expressly and conspicuously informed” of the company’s rules and regulations once they signed up.
“Reasonably communicated notices of terms, couples with an opportunity to review those terms via hyperlink, satisfies the Massachusetts inquiry notice standard,” the company said, adding that the terms include surrendering the right to file a class action suit against Uber, in addition to an agreement to settle out of court. Whether the ride “bothers to access and read those terms is irrelevant,” Uber continued.
According to Buzzfeed, a court maintained Uber’s clause to settle disputes out of court, however, the Massachusetts riders are appealing the decision, as they believe the company attempted to “obscure” its terms, which takes away their riders “basic legal rights.”
“When Uber wants to notify consumers about surge pricing, it makes sure they know about the price hike and requires that they specifically agree to it,” a representative for the riders said. “But when it comes to requiring the waiver of important constitutional rights, companies are much less likely to provide that kind of clear notice.”
What are your thoughts?
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