{"id":53146,"date":"2017-11-24T06:25:53","date_gmt":"2017-11-24T06:25:53","guid":{"rendered":"https:\/\/www.biphoo.com\/bipnews\/?p=53146"},"modified":"2017-11-24T06:25:53","modified_gmt":"2017-11-24T06:25:53","slug":"u-s-judge-orders-uber-customer-arbitrate-price-fixing-claims","status":"publish","type":"post","link":"https:\/\/www.biphoo.com\/bipnews\/business\/u-s-judge-orders-uber-customer-arbitrate-price-fixing-claims.html","title":{"rendered":"U.S. judge orders Uber customer to arbitrate price-fixing claims"},"content":{"rendered":"

U.S. judge orders Uber customer to arbitrate price-fixing claims<\/span><\/strong><\/span><\/h2>\n

U.S. judge orders Uber customer to arbitrate price-fixing claims:- A U.S. judge ruled that Uber can force an unhappy Connecticut customer\u2019s price-fixing case against the ride-service company into arbitration, after the customer said the proposed class action belonged in court because he never agreed to arbitrate.<\/span><\/p>\n

In an order dated Wednesday, U.S. District Judge Jed Rakoff in Manhattan also dismissed claims by the customer, Spencer Meyer, against former Uber Technologies Inc [UBER.UL] Chief Executive Travis Kalanick, unless Meyer wished to arbitrate.<\/span><\/p>\n

Rakoff, long a critic of mandatory arbitration, said he would explain his reasoning later. Reuters obtained a copy of his order, which was not available in online court records.<\/span><\/p>\n

\u201cWe are awaiting the court\u2019s opinion and will consider all options as to how to proceed,\u201d John Briody, a lawyer for Meyer, said in an email on Thursday.<\/span><\/p>\n

Uber said in an email: \u201cWe are pleased with the court\u2019s decision.\u201d Lawyers for Kalanick did not immediately respond on Thursday to requests for comment.<\/span><\/p>\n

Arbitration clauses are often buried in lengthy terms of service that customers never see or would struggle to read.<\/span><\/p>\n

Critics say the clauses, which often forbid class actions, dissuade many people from pursuing claims at all.<\/span><\/p>\n

Meyer had accused San Francisco-based Uber and Kalanick of conspiring with drivers, whose earnings are shared with Uber, to charge \u201csurge pricing\u201d fares during peak demand periods.<\/span><\/p>\n

He said he never agreed to arbitrate because a keypad had obscured a hyperlink to Uber\u2019s terms of service, including the arbitration clause, when he signed up with his smartphone.<\/span><\/p>\n

Uber countered that Meyer had an unobstructed view of the hyperlink, and waived the keypad issue because he could have raised it sooner. The lawsuit began in December 2015.<\/span><\/p>\n

Kalanick said claims against him must be dismissed because he was no longer Uber\u2019s chief executive. He resigned in June after a shareholder revolt.<\/span><\/p>\n

On Aug. 17, the federal appeals court in Manhattan had reinstated the arbitration provision, overturning a July 2016 ruling by Rakoff that found it unenforceable.<\/span><\/p>\n

Later that month, the appeals court said Rakoff may consider new evidence about how long Uber customers could see the hyperlink, including when entering credit card information.<\/span><\/p>\n

Internet companies and the U.S. Chamber of Commerce have argued during the litigation that a loss by Uber could inhibit e-commerce and threaten the enforceability of online contracts.<\/span><\/p>\n

The case is Meyer v. Kalanick et al, U.S. District Court, Southern District of New York, No. 15-09796.<\/span><\/p>\n

Source:-\u00a0https:\/\/www.reuters.com\/article\/us-uber-decision\/u-s-judge-orders-uber-customer-to-arbitrate-price-fixing-claims-idUSKBN1DN1WJ<\/span><\/p>\n

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