April 18, 2025
Almost every cell phone app in the known universe, including Lyft, Uber, and other ridesharing apps, include Terms of Service. Frequently, users scroll to the bottom and tap the “I accept” button without reading the ToS, which is usually a long document that contains a mind-boggling amount of Legalese. The ToS (a/k/a Terms and Conditions or Terms of Use) usually includes a mandatory arbitration clause. Some ridesharing platforms use indirect TOS acceptance mechanisms. Passengers accept the TOS, which usually include mandatory arbitration, when they order rides or get into vehicles. Indirect acceptance is even more controversial than direct acceptance. At least direct acceptance ToS acceptance gives users a chance to say yes or no. However, in many cases, this “choice”…