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The highest state court in Massachusetts has rejected Uber's efforts to force a blind man's discrimination claims to be settled in arbitration. In the process, the Massachusetts Supreme Judicial Court raised the bar for technology companies trying to impose one-sided terms of service on users without providing clear notice that they were doing so.
When Christopher Kauders signed up for an Uber account several years ago, he had to fill out three screens of information. The third screen was titled "link payment" and offered users various ways to pay for Uber rides. Below these options was a message that stated that "by creating an Uber account, you agree to the Terms and Conditions and Privacy Policy."
Users could click on a link to view these legal documents, but the app didn't require users to do so. At no point was Kauders required to click an "I agree" button.
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