A class action alleging unsolicited text messages received from Uber violated the Telephone Consumer Protection Act (TCPA) and California competition law was sent to arbitration by a California federal court based upon an arbitration clause contained in the Technology Services Agreement (TSA) between certain of the class plaintiffs and Uber subsidiaries. Moreover, the court noted that the delegation clause in the agreement “clearly and unmistakably delegate the gateway question of arbitrability to the arbitrator, no matter what Plaintiffs’ purported subjective understanding of the terms of the agreement may have been.” The plaintiffs who had entered into the TSA were thus dismissed, and the action with the remaining plaintiffs will continue.
Fridman v. Uber Techs., Inc., 4:18-cv-02815 (N.D. Cal. Mar. 27, 2019)