Frequently Asked Questions

  1. Why did I receive a notice directing me to this website?

    On March 8, 2018, the Court determined that the Action may proceed as a class action pursuant to Federal Rule of Civil Procedure 23. You received the Notice because Uber’s records show that you are a member of a class of Drivers whose claims are covered in the Action. You have legal rights and options that you may exercise before the case proceeds further.

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    The Plaintiffs claimed that Uber improperly extracted an amount equal to a fee—which Uber called a “Safe Rides Fee”—on minimum-fare rides. Plaintiffs further contended that by improperly taking an amount equal to such a fee from Drivers’ fares, Uber breached its contract with Drivers and caused them financial harm. Uber denied that its implementation of the Safe Rides Fee was improper or caused Drivers any financial harm.

    On March 8, 2018, the Court granted summary judgment in favor of the Drivers, determining that Uber’s acts amounted to a breach of the parties’ contracts and conversion under California law.

    Accordingly, each member of the Class defined below in FAQ 3 is now entitled to recover the difference between the minimum fare and the actual fare due to the application of the “Safe Rides Fees,” minus Uber’s then-prevailing percentage service fee that Drivers would have owed to Uber under the parties’ contracts for those fares once final judgment is entered.

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  3. Who is a Class Member?

    The Court has decided that the following people are members of the Class:

    (A) All persons in the United States who (B) entered the 2013 Agreement, the June 2014 Agreement, or the November 2014 Agreement,1 or a combination of those agreements; (C) opted-out of arbitration under the last Uber driver contract the person executed; and (D) provided at least one UberX minimum fare ride before November 16, 2015.

    If you fall within the definition of the Class set forth above, you are a member of the Class. If you wish to remain a member of the class, you do not need to do anything at this time. As a Class Member, you will be bound by the judgment, whether favorable or unfavorable, in this Action. Thus, you may participate in any monetary settlement or judgment rendered in favor of the Class. At this time, although summary judgment has been entered in favor of the Class, no enforceable judgment has yet been entered in favor of the class.

    1 Part (B) refers to Uber’s 2013 Transportation Provider Service Agreement, Uber’s June 2014 Rasier Software Sublicense & Online Services Agreement, and Uber’s November 2014 Software License and Online Services Agreement.

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  4. What does the Judgment provide?

    On September 10, 2018, the parties filed a stipulation whereby the parties agreed that the certified class would be entitled to damages in the amount of approximately $1.4 million, consistent with the Court’s previous orders, plus approximately $450,000 in simple interest running at a rate of 10% from the date of each Safe Rides Fee and ending upon entry of judgment.

    Thus, you may participate in any monetary settlement or judgment rendered in favor of the Class. At this time, although summary judgment has been entered in favor of the Class, no enforceable judgment has yet been entered in favor of the class.

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  5. What is my share of the Judgment as a class member?

    The estimated amount of your share of the Judgment is shown in the Notice of Pendency of Class Action sent to you. It is located in the "Your legal rights and options at this stage" chart, in the top box, in the second paragraph.

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  6. How and when can I receive monetary compensation?

    The Settlement Administrator mailed out checks on September 30, 2019.

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  7. What am I giving up to stay in the Class Action?

    As a Class Member, you will be bound by the judgment, whether favorable or unfavorable, in this Action.

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  8. How do I exclude myself from this Action?

    Only request exclusion if you do NOT wish to participate in the Class Action and do NOT wish to share in any recovery that the Class may obtain. If you wish to be excluded from the Class, meaning to opt-out of the lawsuit, you must submit a request for exclusion in accordance with the instructions below. In order to be valid, any request for exclusion must:

    1. Include your full name, address, and email and telephone number associated with your Driver account with Uber;
    2. Explicitly state your desire to be excluded from the Class in the Uber Safe Rides Fee Litigation; and
    3. Be signed by you.

    To be excluded, you must send a written request for exclusion from the Class addressed to the address below. Your request must be received by June 1, 2019. After that date, you may not have the right to be excluded from the Class.

    Congdon v. Uber Administrator
    P.O. Box 2312
    Portland, OR 97208-2312

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  9. If I exclude myself, can I get monetary compensation under the settlement?

    If you choose to be excluded:

    1. You will NOT be entitled to share in any recovery from any settlement or judgment that may be paid to members of the Class;
    2. You will NOT be bound by any judgment or release entered in this lawsuit; and
    3. At your own expense, you MAY pursue any claims that you have by filing your own lawsuit or taking other action.
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  10. Do I have a lawyer in this case?

    Appointed Class Counsel represent the Class and all of its members. Plaintiffs’ counsel, who have been appointed to represent the class in this lawsuit, are the law firms of Crabtree & Auslander, LLC, Browne George Ross, LLP, and Morrison and Associates. Class counsel may be contacted at the address and phone number listed below in FAQ 13.

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  11. How will class counsel and the class representative be paid?

    Class Counsel have pursued this action on a contingent-fee basis subject to approval by the Court. Class Counsel have filed a motion seeking to be paid attorney’s fees, and reimbursed costs, in an amount that is approved and ordered by the Court. Class Counsel also seek $5,000 incentive awards on behalf of each class representative to compensate them for their time spent in this case.

    Uber opposed Plaintiff’s motion and, as of the date hereof, the motion is under submission. In no event will individual Class Members be obligated to pay any judgment, court costs, or lawyer’s fees for participating in this Action except as ordered by the Court. Unless the Court orders otherwise, all attorney’s fees will be payable only by Uber—that is, the class members’ recovery will not be affected by an award of attorney’s fees by the Court.

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  12. What happens if I do nothing at all?

    As a Class Member, if you do nothing, you will be bound by the judgment, whether favorable or unfavorable, in this Action. Thus, you may participate in any monetary settlement or judgment rendered in favor of the Class. At this time, although summary judgment has been entered in favor of the Class, no enforceable judgment has yet been entered in favor of the class.

    If judgment is entered and Uber decides not to appeal, you will receive a check for your share of the judgment. If the judgment is appealed, your payment will be postponed pending resolution of the appeal.

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  13. Are there more details about the Action?

    For more detailed information regarding the matters involved in this litigation, please refer to the papers on file in this Action, which may be inspected, during business hours, at the Office of the Clerk of Court, 1301 Clay Street, Oakland, CA 94612.

    In addition, important documents in the case have been posted on this website, here.

    Inquiries regarding this litigation may be addressed to the following Class Counsel:

    Class Counsel

    CRABTREE & AUSLANDER
    John G. Crabtree
    Charles M. Auslander
    Brian Tackenberg
    240 Crandon Blvd.
    Suite 101
    Key Biscayne, Florida 33149
    Telephone: 1-305-361-3770
    Fax: 1-305-437-8118
    jcrabtree@crabtreelaw.com
    causlander@crabtreelaw.com
    btackenberg@crabtreelaw.com

    BROWNE GEORGE ROSS LLP
    Andrew A. August
    101 California Street
    Suite 1225
    San Francisco, California 94111
    Telephone: 1-415-391-7100
    Fax: 1-415-391-7198
    aaugust@bgrfirm.com

    MORRISON AND ASSOCIATES
    Mark A. Morrison
    California Bar No. 152561
    113 Cherry Street, Unit 34835
    Seattle, Washington 98104
    Telephone 1-206-317-3315
    Fax 1-206-397-0875
    Mark@mpaclassaction.com

     

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