On August 12, Law360 quoted Zach Adams on user agreements and terms of service to which e-scooter users must agree before their vehicles can be activated. The terms typically require the e-scooter drivers to attest that they are at least 18 years of age, have a valid driver’s license, and will obey traffic and safety rules.

“Currently, these are expansive user agreements that aren’t that far away from what we see applying to consumer technology products like smartphones,” Zach explained. “While e-scooters are great for micromobility, they could be seen as dangerous to people who haven’t consented to these agreements.”

Zach commented that it’s uncertain how much the courts will push back on overly broad agreements.

“As these lawsuits continue, it’s not just about the arbitration clauses but the liability clauses under them that then get to the merits of the user agreements and other parts,” he said. “If they’re [found to be] out of sync with civil liability in American courts, that’s when we’re going to see rapid revisions in those agreements or in the way these companies operate.”

Read the article here.