Posted: February 17th, 2022

Memo on Cullinane v. Uber Technologies, Inc. Courts



Memo on Cullinane v. Uber Technologies, Inc. Courts Decision and Implications on how Website should be Designed


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Memo on Cullinane v. Uber Technologies, Inc. Courts Decision and Implications on how Website should be Designed

            Modern technology is moving very fast. As a result, there have been apps for almost every service in society ranging from cleaning services, ride services, dinner reservations, and other services. Therefore, in the sharing economy, consumers have been able to connect with service providers through the internet, and they have been able to get different services delivered at the doorstep. Reflecting on this aspect, the case between Cullinane and the Uber services Incorporation presents a ride-sharing service from which customers can order Uber vehicles dedicated for that purpose. As explained, the customers can download the Uber app and order to receive the services as fast as possible. 

            The court presented includes Cullinane and the other three plaintiffs who downloaded the app and were able to make ride-sharing requests at different times. As a result, they all complain of being overcharged via the payments they made in the app. Through the registration processes which all these people had to encounter, they were supposed to take different redirections in the Website to ensure they reached the last option, which would allow them to get the services after the approval through the processes that they were redirected to do (Gross, 2017). However, having followed all the steps without questioning anything and reading everything, the case includes checking if the Uber company followed the terms that are required in offering services to the people in the society as they should be handled with integrity with clear information being presented. 

            The Website is said to have presented information in a state where it could not be displayed on the screens of their iPhones but rather in desktops with their screen display being limited. Also, the registration was accompanied by three different screens that asked the users for various information regarding the services they intended to get in the company (Kaplinsky et al., 2019). The people did not have to read all the information but instead entered what was required as it was in line with the services they wanted (Gross, 2017). Also, there were the terms of service and privacy policy screen that is said to have contained a ten-page document. In addition, some more screens indicated the terms and conditions that the people were required to agree with to access the services they wanted (Schreiber, 2019). However, the customers were not given a chance to click the agreement button before proceeding to the next step. 

            The agreement is said to have had a dispute resolution. The dispute required the people to agree with the arbitration mode of handling issues in case there were problems witnessed between the Uber company and the customers who wanted to order some services (Kaplinsky et al., 2019). Also, the mode of handling cases required the people to allow the waving of any case that is presented under court proceedings and having the case taken to the American Arbitration Association for execution (Gross, 2017). Therefore, the plaintiffs placed a significant complaint on this issue as their court proceedings were being taken down with the Uber company filing in court to have the case waived. 

            Uber wanted to rely on the arbitration clause of the issues as they took advantage of their customers not being able to access the agreement button to disagree or agree with the arbitration mode of solving problems that arose in their services proceedings in the company (Schreiber, 2019). The motion on opting for arbitration had the court drop the case at some point and agree with the common law of adjustments (Kaplinsky et al., 2019). Therefore, the standard review underlined the whole process of dropping the case as if the two parties agreed with the use of arbitration in solving the matter (Gross, 2017). Arbitration is always a matter of contracts, and as a result, solving the matter, the court should have applied the ordinary state-law principles that are followed in forming contracts. The Massachusetts Supreme Judicial Court is said to have not addressed anything regarding contracts that are facilitated online (Schreiber, 2019). There should be trustworthy processes that should be relied on handling this kind of issue to ensure the online established firms do not play a major role in destroying their reputation in the general public. 

            The court proceedings show various implications when establishing websites since the Website identified here created a lot of issues that leave their customers disappointed with the services they received. Therefore, the designation of the Website requires the companies owners to undertake a court visit from where they are able to discuss the things they are about to impose on their websites (Gross, 2017). Everything imposed on these websites should be in alignment with the state laws to ensure any court proceedings presented by any of the users are in a position of being handled based on the preferences of both parties (Hoffman, 2020). The establishment of the Uber app did not involve checking the state laws regarding customer and institutions requirements. As a result, the action led the company into a court proceeding. 

            Also, everything presented on these websites should be designed so that the customers read before proceeding with any step that leads them to their end goal. The allowance to read everything gives the customers the chance to decide whether to go on with their applications or leave the mission (Gross, 2017). The issue with the Uber app did not give the people an opportunity to go through everything written, for example. These privacy terms were presented in a high number of pages, with the people having limited time to study everything presented(Hoffman, 2020). As a result, all the information should be short and precise to ensure the customers are able to go through everything in reference to their time schedule. 

            Also, the company did not give the people an opportunity to access the terms and conditions, which included the arbitration mode of handling issues that arise. The denial of access to the information selfishly presents the company since they do not consider the opinions of the people they serve. The creation of websites should allow every part to access any information that could involve them in making sure they give their sentiments on the same. They should be allowed to agree or disagree with ensuring there are no high rates of disagreements in cases where problems arise (Gross, 2017). In addition, all the charges should be shown clearly on the websites to prevent overcharges as the customers may not know when the fees are increased (Hoffman, 2020). As presented in the cases, the customers complained of overcharges, and the presentation of the prices would have allowed them to choose to proceed or to opt for other methods rather than selecting the service and ending up in court proceedings. 

            In conclusion, the world is experiencing massive changes as far as the technological world is concerned with people getting to access different services through online apps as well as websites. Therefore, the case of Cullinane and the Uber company presents one of the services that have had the opportunity to get served through websites. The case involves the plaintiffs complaining of overcharges as well as the denial to undergo a court proceeding. The Uber company wants them to opt for the arbitration mode of solving issues rather than being under a jury. The things had been identified on the Website, but the people were not given a chance of hitting the agreement button. The action presents the company to have not abided by the state laws that take care of consumers’ needs. Therefore, the court decisions present different implications when developing websites. They should allow all the parties to access every information that the two parties can be involved in to ensure they are on similar ground. Also, the terms should be presented in a concise and precise manner as this gives all the people chances to undergo everything shown on the Website. Also, everything regarding payments should be shown to ensure the people do not experience overcharges later that may channel them towards courts. 




















Gross, J. (2017). The Uberization of Arbitration Clauses.

Hoffman, M. (2020). Conspicuous Arbitration Agreements in Online Contracts: Contradictions    and Challenges in the Uber Cases. UALR L. Rev.43, 499.

Kaplinsky, A. S., Levin, M. J., & Bryce Jr, M. C. (2019). After the Demise of the CFPB Rule, it  is Back to the Future for Consumer Arbitration. Bus. LAw.74, 591-591.

Schreiber, C. (2019). Cullinane v. Uber Technologies, Inc. NYL Sch. L. Rev.64, 287.



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