# Uber Tips Lawsuit Moves Forward



## chi1cabby (May 28, 2014)

*http://www.courthousenews.com/2015/06/17/uber-cant-escape-drivers-class-action.htm*

_ SAN FRANCISCO (CN) - A federal judge let four of seven class action claims against Uber survive, and gave employees 21 days to amend the three he dismissed.
U.S. District Judge Edward Chen on Friday denied Uber's motion to dismiss claims of Massachusetts tips law violations, unjust enrichment, and tortious interference with contract. Uber did not seek dismissal of the claim that it misclassified drivers as independent contractors.
He dismissed with leave to amend claims of breach of contract and violations of Massachusetts minimum wage and overtime laws, as insufficiently pleaded.
The original lawsuit was filed in Massachusetts by former drivers Hakan Yucesoy and Abdi Mahammed, who accuses Uber of misclassifying drivers as independent contractors and keeping their tips. The case was transferred to Northern California because of a contract clause requiring lawsuits to be handled in San Francisco.
Uber sought dismissal by claiming it is "abundantly clear" in its contracts that no portion of fares are intended as tips for the driver and that it bills the customer on defined invoices with no express gratuity charge.
"Uber argues that the statutory definition of 'tip' only covers separately invoiced payments, but Uber is wrong," Chen wrote, in refusing to dismiss the claim.
Chen cited Massachusetts' broad definition of gratuity and Uber's failure to cite a single supporting case regarding tip laws in the state.
The class accuses Uber of misinforming customers that tips are included in the fare, and claim that but for Uber's misinformation customers would tip, as is customary in the taxi industry.
In a ruling in a separate class action last week, Chen called Uber's contracts with its drivers " unconscionable " and said it cannot force drivers to settle disputes in arbitration. _


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## atomix (May 10, 2015)

chi1cabby said:


> http://www.courthousenews.com/2015/06/17/uber-cant-escape-drivers-class-action.htm


Judge Chen slowly exposes each layer of shadiness Uber uses to exploit drivers.

An old saying feels appropriate here, "An honest man has nothing to fear." Huh, Uber has much to be afraid of then.


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## atomix (May 10, 2015)

UberRidiculous said:


> Uber creates job security for attorneys. Keeping attorneys working!  Hahaha


Lol. So many things have been going against Uber lately, in a legal sense. Just play the game straight is all we ask.


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## UberXTampa (Nov 20, 2014)

This is the single most important class action that must be won and force uber to fix the tipping issue. 
In lyft platform I always get tips. Tips typically cover all lyft cuts. This makes huge difference. 
Uber competes unfairly by stealing our opportunity to accept tips and making us pay the safe rider fee from our gross fares. 

Tips and SRFs need to be fixed. Lyft is doing both of these the right way.


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## atomix (May 10, 2015)

UberXTampa said:


> This is the single most important class action that must be won and force uber to fix the tipping issue.
> In lyft platform I always get tips. Tips typically cover all lyft cuts. This makes huge difference.
> Uber competes unfairly by stealing our opportunity to accept tips and making us pay the safe rider fee from our gross fares.
> 
> Tips and SRFs need to be fixed. Lyft is doing both of these the right way.


Sad how Uber does everything possible to handcuff the ability of drivers to earn. Whatever happened to not biting hand that feeds you. Know what, guys and gals behind the wheel are who feed Uber. Paxs don't drive themselves.


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## Kalee (Feb 18, 2015)

atomix said:


> Sad how Uber does everything possible to handcuff the ability of drivers to earn. Whatever happened to not biting hand that feeds you. Know what, guys and gals behind the wheel are who feed Uber. Paxs don't drive themselves.


Mark my words, the tech company is going to get it's ass bitten big time. I'm already seeing cracks in their armor. 
Theyre going bleed big time for all of their shady practices and unethical treatment of drivers.

Karma.


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## UberComic (Apr 17, 2014)

Uber used to say "the tip is included," which has killed chances of drivers getting any gratuity today. The only way that can rectify this is by adding a tip option like Lyft's.


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## KevinH (Jul 13, 2014)

chi1cabby said:


> http://www.courthousenews.com/2015/06/17/uber-cant-escape-drivers-class-action.htm


There was a separate tip lawsuit brought by a woman passenger that said she had been defrauded because she thought the driver had been tipped but it was not the case.
Does anyone know what happened to this suit?


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## Gemgirlla (Oct 16, 2014)

chi1cabby said:


> http://www.courthousenews.com/2015/06/17/uber-cant-escape-drivers-class-action.htm


It's so interesting that Uber claimed it was clear that no part of the fee was suppose to go to the drivers as tips. I have had numerous passengers who have been using Uber from the beginning who said they included a percentage of tip they wanted to go to the driver on their account set up. Not sure how Uber is disputing this. I have only been driving for 10 months and clearly not tip was ever added to make statement. I also haven't heard any older drivers ever say that tips were ever added to their accounts back in the day.


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## chi1cabby (May 28, 2014)

Gemgirlla said:


> I have had numerous passengers who have been using Uber from the beginning who said they included a percentage of tip they wanted to go to the driver on their account set up.


That still is the case. Tips are set at default 20% in a rider account for UberTaxi (not UberX). That, coupled with "Tips Included", "Being Uber Means there's No Need To Tip" marketing, is the source of confusion among & lawsuits from Drivers & Riders.


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## Gemgirlla (Oct 16, 2014)

chi1cabby said:


> That still is the case. Tips are set at default 20% in a rider account for UberTaxi (not UberX). That, coupled with "Tips Included", "Being Uber Means there's No Need To Tip" marketing, is the source of confusion among & lawsuits from Drivers & Riders.


The article seemed to only be addressing the "tips included" argument and Judge Chen's quote re the same. I think that statement in addition to the fact that the rider can put the % tip they want to pay the driver makes this a slam dunk for the plaintiffs.


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## Uber-Doober (Dec 16, 2014)

chi1cabby said:


> http://www.courthousenews.com/2015/06/17/uber-cant-escape-drivers-class-action.htm


^^^
And that Judge Chen is a real sharp character.

http://www.courthousenews.com/2015/06/12/uber-cant-force-drivers-to-arbitration.htm


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## Uber-Doober (Dec 16, 2014)

UberXTampa said:


> This is the single most important class action that must be won and force uber to fix the tipping issue.
> In lyft platform I always get tips. Tips typically cover all lyft cuts. This makes huge difference.
> Uber competes unfairly by stealing our opportunity to accept tips and making us pay the safe rider fee from our gross fares.
> 
> Tips and SRFs need to be fixed. Lyft is doing both of these the right way.


^^^
Not ONLY fix the tipping issue, but also raise up the per mile fare to $2.50 at which point Uber would still screw the cab companies just because the pax wouldn't have to wait for two hours to get picked up or as in my case once at the end of NASCAR week in Vegas... they never picked me up even though I called in at 7:AM to be at my bank.
Sheer fkn greed.


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## Uber-Doober (Dec 16, 2014)

KevinH said:


> There was a separate tip lawsuit brought by a woman passenger that said she had been defrauded because she thought the driver had been tipped but it was not the case.
> Does anyone know what happened to this suit?


^^^
It just keeps getting deeper and deeper with each passing week it seems. Hah!


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## Uber-Doober (Dec 16, 2014)

UberComic said:


> Uber used to say "the tip is included," which has killed chances of drivers getting any gratuity today. The only way that can rectify this is by adding a tip option like Lyft's.


^^^
Not only that, but make the tip button very PROMINENTLY displayed on the user app screen so as to make no mistake about it. 
Also 'recalibrate' the stars to make 4 stars a good score because a 4 would be 80 percent in anybody's language. 
If you scored 80% on a test that would be pretty good. 
WTF is wrong with 80?


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## Gemgirlla (Oct 16, 2014)

Uber-Doober said:


> ^^^
> And that Judge Chen is a real sharp character.
> 
> http://www.courthousenews.com/2015/06/12/uber-cant-force-drivers-to-arbitration.htm


He's awesome. It's ironic and hysterical that Uber's forum select clause required the matter to be heard in San Fran, the case was transferred to him from Mass and they got him as a judge. Great legal counsel LOL


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## Gemgirlla (Oct 16, 2014)

Uber-Doober said:


> ^^^
> Not only that, but make the tip button very PROMINENTLY displayed on the user app screen so as to make no mistake about it.
> Also 'recalibrate' the stars to make 4 stars a good score because a 4 would be 80 percent in anybody's language.
> If you scored 80% on a test that would be pretty good.
> WTF is wrong with 80?


They can't add a tip button until the cases over tipping are over. That would be an admission in that case that the fares don't include a tip. Not to say that they will in fact do that... they don't give a shit and the customers in fact don't want to tip. By not giving them an option, they have an excuse...


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## Uber-Doober (Dec 16, 2014)

Gemgirlla said:


> They can't add a tip button until the cases over tipping are over. That would be an admission in that case that the fares don't include a tip. Not to say that they will in fact do that... they don't give a shit and the customers in fact don't want to tip. By not giving them an option, they have an excuse...


^^^
That's actually what I meant, but just omitted. 
BTW there's an Uber ad on the radio right now on CoastToCoastAM. 
George Noory was really talking it up... even said that the drivers have "wonderful stories to tell". 
I almost fell off my computer chair.


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## Gemgirlla (Oct 16, 2014)

Uber-Doober said:


> ^^^
> That's actually what I meant, but just omitted.
> BTW there's an Uber ad on the radio right now on CoastToCoastAM.
> George Noory was really talking it up... even said that the drivers have "wonderful stories to tell".
> I almost fell off my computer chair.


For passengers, Uber is great. I do think that will change in time I hear more and more complaints about the quality of new drivers (e.g., they don't speak English, they don't know the area, older cars, dirty cars, cars that smell like cigs, etc). The unreasonable standards Uber originally set in the beginning is going to come back to bite them.

I will say that the majority of my customers are great. There are only a few problem children. But, the demographic of customers on Plus is much better generally and the rates are decent. I don't feel like I'm being bent over like the X drivers are... The problem now is that Uber has saturated the market will drivers so business isn't as good as it used to be.


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## Gemgirlla (Oct 16, 2014)

Uber-Doober said:


> ^^^
> That's actually what I meant, but just omitted.
> BTW there's an Uber ad on the radio right now on CoastToCoastAM.
> George Noory was really talking it up... even said that the drivers have "wonderful stories to tell".
> I almost fell off my computer chair.


Are you driving in Vegas?


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## Shine'ola (Oct 7, 2014)

have you ever seen "The shell game" where an object is under one of three shells and the magician shuffles them around until you cannot follow the one with the object ? Well Uber has shuffled this "TIP" thing around so that the consumer believes that there is a BIG TIP included in every ride and drivers make bank but in reality being Uber = being a cheap ass and screwing the driver


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## Buckiemohawk (Jun 23, 2015)

Shine'ola said:


> have you ever seen "The shell game" where an object is under one of three shells and the magician shuffles them around until you cannot follow the one with the object ? Well Uber has shuffled this "TIP" thing around so that the consumer believes that there is a BIG TIP included in every ride and drivers make bank but in reality being Uber = being a cheap ass and screwing the driver


I wish more people would go on sites like reddit and begin telling the story of Uber and how they screw drivers


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## Sydney Uber (Apr 15, 2014)

chi1cabby said:


> http://www.courthousenews.com/2015/06/17/uber-cant-escape-drivers-class-action.htm


This is Judge ain't no pushover


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## atomix (May 10, 2015)

Sydney Uber said:


> This is Judge ain't no pushover


Judge Chen has Uber totally figured out. He's a masterchef quartering the Uber chicken, piece by piece. HHmmmmm......delicious.


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## Uber-Doober (Dec 16, 2014)

Gemgirlla said:


> Are you driving in Vegas?


^^^
I drive livery here in Vegas. 
I don't drive for Uber. 
I was accepted and everything was finalized but Uber was kicked before I started.


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## Shine'ola (Oct 7, 2014)

one old smart politician once said something like " when the people of a nation have the opportunity to vote for receiving free money without working for it they will do just that" in this case Uber has said to the people " you can ride for almost free and don't worry about tipping the driver, we will take care of that " so the people ride for almost free and in a half second they think how can this driver make anything out of $5 total, but then they lay down at night and sleep well thinking that they "helped a brother out" ****ING NOT AT ALL ! brother man would be farther ahead if he never went to pick anyone of these stupid MF's up, brother man will not be able to replace this car that you enjoy riding in or will your entitled BS driver ratings boot him out first?


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## Gemgirlla (Oct 16, 2014)

Uber-Doober said:


> ^^^
> I drive livery here in Vegas.
> I don't drive for Uber.
> I was accepted and everything was finalized but Uber was kicked before I started.


It's better for you to drive livery. Driving for Uber is completely thankless....


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## Uber-Doober (Dec 16, 2014)

Gemgirlla said:


> It's better for you to drive livery. Driving for Uber is completely thankless....


^^^
I joined this group a little over a month before I was to start driving and was STILL going to go through with it because I thought that Vegas would be a "different" market.
Well, it is different, but not different enough for survival on a .99¢/mile fare as it is now with increased fees from Uber. 
My guardian angel must have worked overtime to get Uber kicked in Nevada. LOL
As I've stated here before, at $2.50/mile Uber could kick the asses of all the cab companies... and BTW, I have to take one today to pick up my car at the dealer. 
Wish me luck so that the cab shows up before the night guard comes on duty over at Fletcher Jones Imports.


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## chi1cabby (May 28, 2014)

*Amended Complaint OK'd in Uber Tip Case
http://www.courthousenews.com/2015/07/29/amended-complaint-okd-in-uber-tip-case.htm*

_ SAN FRANCISCO (CN) - Former Uber drives can file a second amended complaint against the ride-hail upstart and add three plaintiffs rather than fix prior deficiencies, a federal judge ruled.
The drivers had requested to file an amended complaint adding plaintiffs and a new cause of action against Uber, in a class action alleging the company misclassifies its drivers as independent contractors and keeps their tips.
Lead plaintiff and former driver Hakan Yucesoy, who worked for Uber in Massachusetts, asked U.S. District Judge Edward Chen to allow a new cause of action against Uber over violations of California labor law.
But Chen denied the former driver's request, saying California labor laws cannot apply to plaintiffs who worked in other states.
"Thus, plaintiffs' requested amendment would be futile - if amendment were permitted, the court would simply follow its earlier decision and dismiss the section 2802 claims with prejudice on extraterritoriality grounds," Chen wrote.
Uber contested the additional plaintiffs as well, arguing that they are bound to a different arbitration agreement than the original plaintiffs. The company also argued it would waste resources by having to bring another motion to compel against the new plaintiffs.
Chen disagreed, saying Uber has already spent considerable time arguing the enforceability of its 2014 arbitration provisions.
"Requiring Uber to bring another motion to compel pursuant to these same contracts is unlikely to require the expenditure of considerable effort or resources from any party to this litigation," Chen ruled.
Chen referenced his recent ruling that Uber's 2014 arbitration agreements are unconscionable and unenforceable, and said the additional plaintiffs that signed the contracts can be added.
At issue in the case, originally filed October 2014 in Massachusetts, is whether Uber violates Massachusetts tips law and other contractual and employment provisions. The case was transferred to Northern California because of a contract clause requiring lawsuits be handled in San Francisco.
Last month, Chen threw out three causes of action including breach of contract and violations of Massachusetts minimum and overtime wage laws with leave to amend. _
*

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## Dts08 (Feb 25, 2015)




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