In September 2024, a New Jersey appeals court ruled that John and Georgia McGinty could not sue Uber after their driver ran a red light and caused a devastating crash—because their minor daughter had clicked “agree” on an Uber Eats order months earlier. According to a 2024 study published in PLOS One, over 99% of Americans who believe they have never agreed to forced arbitration have actually done so. For Alabama families who use apps like Uber, DoorDash, or Disney+, this precedent raises an urgent question: could a simple pizza order cost you your constitutional right to a jury trial?
What Forced Arbitration Is—Through the McGinty Case
The Crash That Changed Everything
On March 31, 2022, John and Georgia McGinty were passengers in an Uber in New Jersey when their driver failed to stop at a red light. According to court records filed in McGinty v. Uber Technologies, the resulting T-bone collision caused catastrophic injuries.
Georgia McGinty, a practicing attorney, sustained cervical and lumbar spine fractures, rib fractures, a protruding hernia, and traumatic injuries to her abdominal wall. Court documents indicate she was unable to return to work until April 2023—more than twelve months after the accident. John McGinty suffered a fractured sternum and severe breaks to his left arm and wrist requiring bone graft surgery. He now has permanent diminished use and sensation in his left wrist.
The Pizza Order That Blocked Their Lawsuit
When the McGintys filed suit against Uber in February 2023, they expected their day in court. Instead, Uber pointed to a small checkbox their minor daughter had clicked on January 8, 2022—while ordering pizza through Uber Eats on her mother’s phone as the family packed for a ski trip.
That single click agreed to Uber’s Terms of Use, which included language stating that disputes concerning “auto accidents or personal injuries” would be resolved through binding arbitration “and not in a court of law.”
The appellate court’s September 20, 2024 decision sided with Uber, ruling that the arbitration provision “clearly and unambiguously evidences a waiver of plaintiffs’ right to pursue any claims against Uber in a court of law.”
Understanding “Infinite Arbitration Clauses”
Professor David Horton of UC Davis School of Law has studied this phenomenon extensively. In his 2020 University of Pennsylvania Law Review article, he coined the term “infinite arbitration clauses” to describe provisions that mandate arbitration for all disputes between any related parties—in perpetuity.
In an August 2024 interview with Marketplace, Professor Horton explained that these situations were extremely rare twenty years ago, but Supreme Court decisions in the 2010s made arbitration clauses more valuable to businesses. He noted that studies show these agreements now exist in roughly 80% of all contracts drafted by Fortune 500 companies.
How Arbitration Differs From Your Right to a Jury Trial
The Seventh Amendment to the U.S. Constitution protects Americans’ right to a jury trial in civil cases where the value exceeds twenty dollars. When you agree to an arbitration clause—even unknowingly—you waive this constitutional protection.
At Strickland Law Group, our Montgomery-based trial attorneys have spent more than 30 years fighting for injury victims’ rights in courtrooms across the country. We understand the critical differences between having your case heard by a jury of your peers versus being forced into private arbitration.
Key Differences Between Court and Arbitration
Public vs. Private Proceedings
Court cases create public records and can establish precedents that protect future consumers. Arbitration proceedings are typically private and confidential, which prevents patterns of corporate misconduct from becoming public knowledge.
Discovery Rights
In court litigation, both parties can request documents, take depositions, and gather evidence through formal discovery. According to the Alabama Center for Dispute Resolution, arbitration typically involves “limited discovery,” which can significantly disadvantage injured consumers who need access to company records.
Appeal Rights
If a jury makes a legal error, you can appeal to a higher court. The American Arbitration Association’s rules provide that arbitration decisions are generally final with extremely limited grounds for appeal. The 2024 PLOS One study found that less than 5% of consumers understood they would not be able to appeal a clearly wrong or biased arbitration decision.
Jury of Peers vs. Private Judge
In court, your case is decided by a jury of fellow community members. In arbitration, a private arbitrator—often selected through a process that may favor repeat corporate clients—makes the final decision. Research from Stanford Institute for Economic Policy Research found that industry-friendly arbitrators are 50% more likely to be chosen than consumer-friendly ones because corporations are sophisticated at tracking arbitrator outcomes.
The Alarming Statistics Alabama Families Need to Know
The disconnect between what consumers believe and what they have actually agreed to is staggering.
Consumer Awareness Gaps
A June 2023 survey of 1,071 U.S. adults, published in PLOS One in February 2024, revealed troubling findings about consumer awareness:
- Over 97% of respondents reported having accounts with companies that require arbitration (Netflix, Hulu, Cash App, phone companies)
- Over 99% of those who believed they had never entered an arbitration agreement had actually done so
- Less than 1% correctly understood the full significance of arbitration agreements
- 92% reported they had never based a decision to use a product or service on whether terms contained an arbitration clause
The Consumer Financial Protection Bureau’s comprehensive 2015 study found that three out of four consumers surveyed did not know if they were subject to an arbitration clause. Among those whose contracts did include arbitration provisions, fewer than 7% recognized they could not sue in court.
The Scope of the Problem
The American Arbitration Association reported over 500,000 cases filed in 2023—the highest in its nearly century-long history. In 2024, the AAA received more than 280,000 individual claims under mass arbitration filings alone, with gaming, telecommunications, and healthcare industries leading the volume.
Why This Matters for Alabama Families
Alabama’s Legal Landscape
Alabama courts generally enforce arbitration agreements under both state law and the Federal Arbitration Act. According to Alabama legal resources, if you sign a contract with a forced arbitration clause, you are effectively waiving your ability to sue, participate in a class action lawsuit, or appeal a decision.
The Alabama Supreme Court has repeatedly upheld arbitration provisions. In a February 2025 decision involving American Bankers Insurance Company of Florida, the court ruled that a policyholder was bound by an arbitration clause even though she claimed she never received the insurance policy containing it. The justices found that by utilizing the policy, she made herself subject to its arbitration provision.
How This Affects Your Family
Consider these everyday scenarios that could affect Alabama families:
- Your teenager uses your phone to order dinner through a delivery app
- Your spouse signs up for a streaming service trial using family account information
- You click “agree” on an app update while rushing to request a rideshare
Each of these actions could potentially bind your entire household to arbitration for completely unrelated future disputes—including serious personal injury claims.
The Disney Case: When Public Pressure Made a Difference
The McGinty case was not the only 2024 example of corporations attempting to use broad arbitration clauses. In August 2024, Disney faced intense public backlash after attempting to force arbitration in a wrongful death lawsuit.
Jeffrey Piccolo filed suit after his wife, Kanokporn Tangsuan, died from a severe allergic reaction after eating at a Disney World restaurant in 2023. Disney’s legal team argued that Piccolo could not sue because he had agreed to arbitration when signing up for a Disney+ streaming trial years earlier.
The company’s subscriber agreement stated that any dispute between the user and Disney—including those involving “The Walt Disney Company or its affiliates”—would be resolved through binding arbitration.
After significant media coverage and public outcry, Disney reversed course. Josh D’Amaro, chairman of Disney Experiences, stated that the company believed “this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.”
This reversal demonstrates that while corporations often have legal grounds to enforce these clauses, public pressure can sometimes influence their decisions. However, not every family has the resources or media attention to generate such pressure.
What Alabama Families Can Do to Protect Themselves
Before You Click “Agree”
Read the Arbitration Section
Most terms of service have a section specifically addressing dispute resolution. Look for words like “arbitration,” “waiver of jury trial,” “class action waiver,” and “binding resolution.”
Look for Opt-Out Provisions
Some companies, like Chase Bank, allow consumers to opt out of arbitration within a specific timeframe—often 30 to 60 days. The 2024 PLOS One study notes that few consumers take advantage of these provisions because they are unaware they exist.
Use Separate Accounts
When possible, consider creating separate accounts for family members rather than sharing login credentials. This may limit the argument that one family member’s agreement binds others.
Document Everything
Keep records of who creates accounts, who accepts terms of service, and when these actions occur. This documentation could be crucial if a dispute arises.
If You Have Been Injured
If you or a family member has been injured in an accident involving a rideshare company, delivery service, or other corporation, time is critical. Contact an experienced Alabama personal injury attorney immediately to evaluate your case.
At Strickland Law Group, our attorneys have recovered more than $1 billion for clients in personal injury, wrongful death, and property loss cases. With licenses to practice in Alabama, Georgia, North Carolina, Vermont, Colorado, and Washington D.C., we have the resources and experience to navigate complex cases involving arbitration clauses.
We offer free consultations and work on a contingency basis—meaning you pay nothing unless we recover compensation for you.
Conclusion
The McGinty case serves as a stark warning for Alabama families. A child ordering pizza on a parent’s phone unknowingly agreed to terms that later blocked her parents from suing Uber after suffering devastating injuries in a crash caused by an Uber driver running a red light.
Georgia McGinty spent more than a year unable to work. John McGinty has permanent damage to his wrist. And their path to a jury trial—guaranteed by the Seventh Amendment—was blocked by a checkbox clicked by their minor daughter.
With over 99% of Americans unknowingly bound by arbitration agreements according to 2024 research, the question is not whether you have agreed to such terms. The question is what you will do to protect yourself and your family going forward.
If you have been injured and are unsure whether arbitration clauses may affect your ability to seek justice, contact our Montgomery team for a free consultation at 334-269-3230. Strickland Law Group has fought for Alabama families for more than three decades, and we are ready to fight for you.
FAQ Section
Can a minor legally agree to an arbitration clause on behalf of their parents?
Courts are divided on this issue. In the McGinty case, the appellate court ruled that the question of whether the daughter had authority to bind her parents would itself be decided by an arbitrator—not a court. Each case depends on specific circumstances.
Does Alabama have any laws limiting forced arbitration?
Alabama generally follows the Federal Arbitration Act, which broadly enforces arbitration agreements. The Alabama Supreme Court has upheld arbitration clauses even when consumers claim they never received or read the contract containing them.
What happens if I ignore an arbitration clause and file a lawsuit anyway?
The defendant will likely file a motion to compel arbitration. If the court grants this motion—as happened in the McGinty case—your lawsuit will be dismissed and you will be forced to pursue your claim through arbitration.
Are there any types of claims that cannot be forced into arbitration?
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 prohibits forced arbitration for certain sexual misconduct claims. However, most personal injury claims, including those from car accidents, remain subject to arbitration clauses.
How can I find out if I have agreed to arbitration with a company?
Review the terms of service for any apps, services, or accounts you use. Look for sections titled “Dispute Resolution,” “Arbitration,” or “Legal.” The CFPB found that fewer than 7% of consumers knew whether their contracts included arbitration clauses.
This article references publicly available information from court records in McGinty v. Uber Technologies, Inc., research published by the University of Michigan in PLOS One (February 2024), the Consumer Financial Protection Bureau Arbitration Study (2015), the American Arbitration Association (2024), Stanford Institute for Economic Policy Research, UC Davis School of Law, the Alabama Center for Dispute Resolution, and the Alabama Supreme Court. Information covers the period from 2015 to February 2025. All metrics and quotes are from documented sources. Results described are specific to the cases and organizations mentioned and may vary based on jurisdiction, specific contract language, and individual circumstances. This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult with a qualified attorney.