Arbitrate This, Uber!
Really important post by lawyer Eric Turkewitz for anyone who uses Uber. Uber changed their Terms to force riders to accept arbitration (rather than being allowed to go to court in an accident or dispute). Turkewitz has the solution that will take you about 30 seconds to communicate "nuh-uh" to Uber.
Turk (can I call you "Turk"?) explains:
Compulsory arbitration is very bad for the little guy, as I've discussed earlier, as arbitrators would love to have the repeat business of the companies that are always involved in disputes. There is a hidden financial motivation to arbitrators to be gentle to Uber and other large businesses so that they continue to hire said arbitrators.That is why, for example, Wells Fargo is trying hard to force claims against it for creating sham accounts into arbitration, instead of facing the wrath of juries.
So while Big Business of all stripes can pull it's business from arbitrators who might not be as nice as they'd like, the one-and-done consumer has no leverage. None. Nada. Zip.
Advantage: Big Biz.
What to do:
Fortunately, you can reject the November 21, 2016 Uber Terms, by providing Uber with written notice by mail, by hand delivery or by email within 30 days of November 21, 2016.If the rejection is by email, the email must come from the email associated with the individuals account and addressed to change-dr@Uber.com. The notice to reject the Terms must include the individuals full name and state your explicit intent to reject the changes to the Terms.
By rejecting the November 21, 2016 Terms, the individual continues to be bound by the Terms the individual first agreed to when the individual signed up with Uber.








Turk (can I call you "Turk"?)
Sure as hell beats some of the other things people have called me over the years.
Turk at December 7, 2016 10:47 AM
For a contrarian view on arbitration. I refer everyone to Amy's good blog friend Walter Olson. Here is a quick search on the tag arbitration:
https://www.overlawyered.com/?s=arbitration
The topic comes up quite a bit on his blog. He's not so down on it as Turk is but he is the proprietor of overlawyered.com so its not so surprising. I'll let the readers judge.
Shtetl G at December 7, 2016 11:03 AM
On the flip side, I would love for all the David Brower wackos to have to submitt to arbitration as opposed to going to war against the oil companies and electric companies in court, funded by my tax dollars.
Isab at December 7, 2016 11:52 AM
I'm always very inclined to opt out of binding arbitration clauses that eliminate class action suits, but jebus, could lawyers make class action suits be any more terrible than they are?
Individuals do need the ability to join together in classes with enough economic power to take on a $60 Billion dollar Uber, but as we saw with the proposed and rejected Uber settlement in San Francisco, the lawyer was completely willing to settle for her $30M fee giving some boxtops and groupon coupons to the actual Uber drivers.
jerry at December 7, 2016 3:26 PM
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