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Uber’s Arbitration Addiction Could Be Death by 60k Cuts

175 点作者 petethomas大约 6 年前

7 条评论

Sephr大约 6 年前
Uber tried to get me to agree to arbitration and sign an NDA for a mere $100 of compensation to replace my fianceé&#x27;s clothes soiled by an Uber car.[1]<p>We were out late one night and we called an Uber to get back home. After a very long wait and an odd delay where the driver stayed in the same position on the map for 10 minutes, they started driving again and then arrived. (We suspect that during this time one of the passengers shit themselves)<p>My fianceé sat down and immediately felt excrement all over her clothing. It was very dark so she did not see this until after she entered the car and sat down. We also noticed that the other supposed passenger mentioned in the Uber app already bailed.<p>We were never compensated as we would not agree to the NDA. I don&#x27;t think we could agree to the NDA even if we wanted to because I already tweeted about the incident before being offered compensation.[2]<p>Uber mentioned that the NDA isn&#x27;t required in cases of sexual assault, but it&#x27;s still required even if you are potentially exposed to sexually transmitted diseases through human excrement. What the fuck?<p>1. <a href="https:&#x2F;&#x2F;go.eligrey.com&#x2F;t&#x2F;uber-nda.pdf" rel="nofollow">https:&#x2F;&#x2F;go.eligrey.com&#x2F;t&#x2F;uber-nda.pdf</a><p>2. <a href="https:&#x2F;&#x2F;twitter.com&#x2F;sephr&#x2F;status&#x2F;1068251146676891649" rel="nofollow">https:&#x2F;&#x2F;twitter.com&#x2F;sephr&#x2F;status&#x2F;1068251146676891649</a>
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jschwartzi大约 6 年前
It&#x27;s pretty amusing that their use of arbitration to prevent class actions is now being used against them. The nice thing about a class action from the company&#x27;s perspective is that they only have to deal with one court case against a class being represented by a plaintiff as opposed to cases from every single member of the class. Sending all the members of the class through arbitration one-by-one ends up costing far more than the class action would have.<p>I think we&#x27;ll see forced arbitration go away if more classes band together and go through arbitration one-by-one.
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kevin_b_er大约 6 年前
I view this is as a good thing. Corporations love to strip out the ability to get disputes against them settled by a court of law. The arbitration process is secretive and designed for companies to win, eventually.<p>Let their swords against just and favourable conditions of work be used against them.
the_watcher大约 6 年前
In this case (as well as many potentially similar ones), I&#x27;m pretty glad this is happening. That said, are there no SLAAP protections in arbitration cases? As I alluded to earlier, I imagine Uber has enough reasonable cases for arbitration that SLAAP-like laws wouldn&#x27;t protect them, but I can imagine other situations where a company could be bombarded with frivolous arbitration claims.<p>I think I&#x27;m sympathetic to the idea that if you insert a binding arbitration clause, you&#x27;ve chosen to forgo protections like SLAAP. However, say you didn&#x27;t insert a binding arbitration clause, but didn&#x27;t expressly forbid it and offer it as an option. Couldn&#x27;t a coordinated campaign cost a company huge sums of money, as the company bears most of the arbitration costs?<p>Again, I don&#x27;t think this is happening in this situation, and I can&#x27;t say I&#x27;ve heard of it happening, but it&#x27;s something that came to mind.
tareqak大约 6 年前
I wonder how successful a company that specializes in fighting and negotiating in arbitration proceedings would need to be such that the customer&#x27;s cost in participating would be affordable: a sort of tech-enabled law firm. Arbitration-as-a-Service.
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b_tterc_p大约 6 年前
Are there penalties for filing frivolous arbitration suits? Or suits that are just reasonable enough but aren’t likely to win?
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josh_fyi大约 6 年前
Why does Uber agree to pay most of the arbitration fee? Why don&#x27;t they write a contract that requires drivers to pay it?
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