The Georgia Court of Appeals reversed a trial judge’s order compelling a wrongful death case against Uber into arbitration, ruling there was evidence that the tiny link to the cellphone app’s terms of service, including its mandatory arbitration provision, was hidden by a pop-up keyboard allowing a user to input his credit card information.

As a result, only a “register” button was visible, the opinion said, and under Georgia law the deceased, Ryan Thornton, “cannot have assented to Uber’s terms and conditions if he never had the opportunity to see them.”

Darren Summerville, with The Summerville Firm in Atlanta. Courtesy photo