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.Back To Top
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.Back To Top
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.Back To Top
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.Back To Top
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.Back To Top
The Settlement Administrator mailed out checks on September 30, 2019.Back To Top
As a Class Member, you will be bound by the judgment, whether favorable or unfavorable, in this Action.Back To Top
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:
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
If you choose to be excluded:
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.Back To Top
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.Back To Top
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.Back To Top
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:
CRABTREE & AUSLANDER
John G. Crabtree
Charles M. Auslander
240 Crandon Blvd.
Key Biscayne, Florida 33149
BROWNE GEORGE ROSS LLP
Andrew A. August
101 California Street
San Francisco, California 94111
MORRISON AND ASSOCIATES
Mark A. Morrison
California Bar No. 152561
113 Cherry Street, Unit 34835
Seattle, Washington 98104
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