May 18, 2021

Georgia Looks at the Creation of a Contract Through a Phone App

Consumers increasingly conduct business on their phones. They create accounts and make purchases through apps on their phone. But when does a consumer create a binding contract when he conducts business on his phone? The Georgia Court of Appeals addressed that in Thornton v. Uber Technologies, Inc., Case No. A21A0131 (decided May 17, 2021). The issue in Thornton was the enforceability of an arbitration agreement contained in Uber’s terms of service. To use Uber, a consumer downloads an app onto his phone and uses the app to create an account. During the course of creating an account, a notice appears… Read more