# New Partner Agreement, Binding Arbitration Provision, Opting Out & UberLAWSUIT Explained



## chi1cabby

_The Forum has a long Featured Thread by grams777, that's become somewhat unwieldy for Drivers to glean pertinent info from._
*New US Uber Partner Agreement - Dec 11, 2015 (Arbitration)*
_So I've compiled this post as a repository of concise & narrowly focused info on the New Partner Agreement (PA), it's Binding Arbitration Provision (BAP), Opting Out of BAP & on #UberLAWSUIT. _
_The companion Poll is being run as an Ongoing Poll to gauge sentiment on Opting Out amongst future New Forum Members._

On Wednesday 12/09/15, San Francisco Federal Court Judge Chen issued *Two Rulings* in California Drivers' lawsuit against Uber on worker classification & tips:

The Judge ruled that the Binding Arbitration Provisions (BAP) of Uber's *June 2014* and *November 2014 *Partnership Agreements (PA) were unenforceable.
The Judge also ruled that the Drivers can pursue reimbursement for Vehicle Expenses, which he'd previously excluded.
On Friday 12/11/15 Uber sent to All of it's 400,000 U.S. Drivers a *New Partnership Agreement* (PA) with:

Updated Binding Arbitration Provision (BAP).
Updated Terms & Conditions of other aspects of Drivers' contract with Uber.
Drivers have to Accept the New Partnership Agreement (PA) in order to be able to login to the Partner App and work. After Drivers have Accepted the full PA, Drivers have the Legal Right to Opt-out of The Binding Arbitration Provision (BAP) of the New PA.

Drivers have *30 Days,* from the date they accept the New PA, to Opt-out of the BAP. Drivers can Opt-out by emailing Uber's General Counsel at *[email protected]. *For your records, CC the Opt-out email to yourself, as you will not receive a reply back from Uber.

This is a sample Opt-out email:

*To: [email protected]*
*CC: (Your email address)*
*
Subject: Opting Out of Binding Arbitration Provision

Date: (Today's Date)

I, (Your Name), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.

I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.

Your Name
Your Phone Number
Your Postal Address (Optional)*​*Some Questions & Answers on PA & BAP*
*Q: Why should I Opt-out of the BAP?*

Opting Out of the BAP preserves a Driver's Right to pursue resolution of any dispute with Uber in a Court of Law. 
A Driver who has not Opted Out cannot even file a Small Claims Court case against Uber.
A Driver can join any current or future Class Action Lawsuit against Uber, if he/she is eligible.
A Driver who has Opted Out of BAP, can still resolve a dispute with Uber by Arbitration, if he/she so chooses. Read more about Uber's Arbitration here: *Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*
Opting Out of the BAP is literally the only decision that a Driver has absolute control over in his/her relationship with Uber. Besides the choice of what hours a Driver chooses to work, Uber can & does exercise unilateral control over All aspects of a Driver operations.
*Q: By Opting Out, am I joining the Class Action #UberLAWSUIT against Uber?*

*NO!* Opting Out has absolutely nothing to do with #UberLAWSUIT.
Till now the #UberLAWSUIT is limited to California Drivers only. CA Drivers have to make a separate decision on whether to join or not join the Class.
Drivers' Atty. Shannon Lis-Riordan (SLR) has stated that she intends to file cases to pursue claims of Drivers in other States.
*Q: If I Opt-out, will/can Uber retaliate against me by Deactivating me?*

A Driver's Opt-out email goes to Uber's General Counsel, who is an Officer of the Court.
A Driver's Opt-out Status is Not shared with local Uber Operations Teams.








There are many Well Known Forum Members who Opted Out in Nov 2014 and are still Active Drivers.
*Q: Besides the Updated BAP, what else has been updated in the New PA?*

I haven't yet compared in detail the Old PA with the New PA. This is a screenshot from the 1st page of a 43 pages-long Microsoft Word comparison between the Old Nov 10, 2014 & the New Dec 10, 2015 PAs.
*The Underlined Text in Red* is new addition to the New Dec 2015 PA.
*The Strike Through Text in Red *was present in the old Nov 2014 PA, but is deleted in the New Dec 2015 PA.








43 Page Comparison pdf (588KB): *https://www.dropbox.com/s/q1fhqntuv759k67/PA Comparison.pdf?dl=0*
*Some Questions & Answers on #UberLAWSUIT
Q: What is the #UberLAWSUIT filed by Drivers about?*

The Lawsuit is about how Drivers, while being classified as ICs, have No Control over their IC operation, except the hours they choose to drive (Flexibility). Yet Uber exercises unilateral & *excessive control* over the daily routine operations of it's IC Drivers, in essence treating them as Employees, but without any of the benefits.
The Lawsuit was originally filed on behalf of all U.S. Drivers, but Judge Chen has so far limited it to California Drivers only.
That Uber illegally represented to Riders that Gratuities (Tips) were included in the Fare.
*Q: If Drivers win the Lawsuit, will I be forced to become an Employee?*

*NO!* _"Even if Uber loses this case, it will be free to restructure its relationship with its drivers in such a way that the drivers would actually be bona fide independent contractors," Chen wrote in a *68-page decision.*_* Analysis: Uber will survive, no matter what courts decide







*
*Q: But what about the flexibility that I enjoy as a Driver?*

*Despite Uber's Arguments, Flexibility for Employees Is a Company's Choice*
*Q: What would an average Driver win in a judgment award?*

Drivers' Vehicle related expenses would be the biggest chunk of any judgement award.







The Judge has accepted the IRS mileage reimbursement rate of¢57.5 per Mile as a reasonable figure.
Based on survey data from SherpaShare, the average Uber driver, full-time and part-time, puts in nearly 24 hours a week.The average speed in cities around the country where Uber is most used appears to be around 20 miles per hour. That means the average Uber driver covers about 475 miles a week.
That calculates to an average of $273.13 a week, or just over $13,000 a year per driver.
*A few final thoughts:*

In Nov 2014, Uber took away Drivers' Right to Opt-out of BAP whenever Uber modified the PA by adding wording to the Modification Clause in the Nov 2014 PA. This wording was not present in June 2014 PA. (The wording is also present in Dec 2015 PA.)








Ever since the addition of this wording, I have been a strong advocate for New Drivers to read their PA, and Opt-out of the BAP within the 30 Day window.
Now, thanks to Judge Chen, ALL Drivers have been given a second chance to Opt-out of The Binding Arbitration Provision, and gain a measure of equity in their relationship with Uber.
Please ask questions on anything that I've posted above or overlooked to post on.

Thank you!


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## chi1cabby

Please post this thread on any Drivers FB Groups that you might be a member of.

Goober, or anyone else, can you please post this on Uber Drivers on Reddit.

Thank you!


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## Gemgirlla

chi1cabby said:


> _The Forum has a long Featured Thread by grams777, that's become somewhat unwieldy for Drivers to glean pertinent info from._
> *New US Uber Partner Agreement - Dec 11, 2015 (Arbitration)*


You're amazing! This is so informative and professional. Shannon should hire you. Thanks for the redline as well. It is interesting to see all of the various amendments, even the one's that don't seem to be significant are no doubt important. I think Uber has hired better lawyers to draft the agreement this time.

I do find it a bit unconscionable that Uber expects drivers to read and digest such a lengthy and complicated legal contract on an smart phone before being allowed to continue to work. In most situations, a person would have a reasonable amount of time to seek counsel to review an agreement before accepting. I'm sure close to 100% of the drivers just accepted the new agreement without reading it so they could logon and make money.

Is it possible to also post this on the Los Angeles page?


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## OrlUberOffDriver

I have not done any rides as of the new SA and I only plan to do the required 1 ride per month just to stay active.


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## PTB

for California Drivers only,
if you OPT-OUT of *Dec 11, 2015 (Arbitration)*
are you then part of the current Class-Action lawsuit??
I would assume YES?

i found this ========

*How do I join a class action?*
A. Generally, before a court certifies a class action, it must conclude that there are too many class members for them all to be named as parties in the lawsuit. Technically, class members do not "join" into the litigation, but decide to participate by not "opting-out." It is only in rare instances when a suit is filed as an "opt-in" class action. In those rare instances, a claim form or request to join form may be necessary. Ordinarily, the notice issued to class members in the usual suit for compensatory damages will tell the class if they need to take any action to participate. In a suit for compensatory damages, any class member who does not "opt-out" may be bound by the results of the litigation if it proceeds as a class action. If a class member should determine, however, that he wants to participate in the suit as a named party, he may hire his own lawyer and seek to intervene (participate) in the lawsuit.


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## chi1cabby

PTB said:


> for California Drivers only,
> if you OPT-OUT of *Dec 11, 2015 (Arbitration)*
> are you then part of the current Class-Action lawsuit??
> I would assume YES?


Opting Out of the Binding Arbitration Provision of the Partner Agreement is a separate decision than joining the Class Action #UberLAWSUIT. All Drivers, from California & other US States, should Opt-out of Binding Arbitration Provision.


chi1cabby said:


> Q: By Opting Out, am I joining the Class Action #UberLAWSUIT against Uber?


 California Drivers, past & present, are eligible to join the #UberLAWSUIT. They can do so by contacting the Law Firm representing the Drivers at www.UberLAWSUIT.Com


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## PTB

chi1cabby said:


> California Drivers, past & present, are eligible to join the #UberLAWSUIT. They can do so by contacting the Law Firm representing the Drivers at www.UberLAWSUIT.Com


ok, I sent email to the Law Firm and asked whether CA Uber driver must contact them to join Class Action or it was automatic as long as you
OPT-OUT of arbitration.

common sense tells me Law Firm does not require 160,000 emails from CA Uber drivers requesting to join Class Action.

let's see how they respond


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## S-Uber-U

I was going to call them tomorrow to inquire about just that! Please keep us updated.


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## chi1cabby

PTB said:


> let's see how they respond


Please post if you find out the breakdown of the split of any judgement award between the Attorneys & the Drivers.
Thanx!


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## Gemgirlla

chi1cabby said:


> I will ask the Admin about what is the best way to post it on other sub forums.


Hopefully, they will let you. It would be very helpful for them to see the entire post not just the link to it, which some probably won't realize why it's so important to clink the link


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## Kenja

chi1cabby said:


> I will ask the Admin about what is the best way to post it on other sub forums.


I'm posting it on ubers Facebook.


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## chi1cabby

Kenja's post on my profile:
"I'm sort of confused still. I work in reno nevada. So in this case I should agree to the agreement then opt out and send the email right ? After I do this. I should Not drive or am I safe to drive?"

Hi Kenja,
All Drivers have to, and should, agree to the New Partner Agreement before they can login to the App and drive. 
After Drivers have Accepted the agreement, they should send an email to Opt-out of the Binding Arbitration Provision.
Yes, Drivers are good to Drive anytime.


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## Kenja

Right one thanks for posting all that you posted. I don't know you. But I really appreciate what you have done. Thanks a million!


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## Kenja

chi1cabby said:


> I will ask the Admin about what is the best way to post it on other sub forums.


Better yet I should post it on ubers Facebook before I agree with the agreement and opt out huh?


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## airportsedan

chi1cabby said:


> Opting Out of the Binding Arbitration Provision of the Partner Agreement is a separate decision than joining the Class Action #UberLAWSUIT. All Drivers, from California & other US States, should Opt-out of Binding Arbitration Provision.
> California Drivers, past & present, are eligible to join the #UberLAWSUIT. They can do so by contacting the Law Firm representing the Drive





chi1cabby said:


> Opting Out of the Binding Arbitration Provision of the Partner Agreement is a separate decision than joining the Class Action #UberLAWSUIT. All Drivers, from California & other US States, should Opt-out of Binding Arbitration Provision.
> California Drivers, past & present, are eligible to join the #UberLAWSUIT. They can do so by contacting the Law Firm representing the Drivers


I just visited the link provided above. 
I am a DBA with a TCP# does this mean that I am exempt from joining the class action lawsuit as a California driver?


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## chi1cabby

airportsedan said:


> I just visited the link provided above.
> I am a DBA with a TCP# does this mean that I am exempt from joining the class action lawsuit as a California driver?


Hi airportsedan, welcome to the Forum!

This is the sub class of Drivers that Judge Chen excluded from the Class Action #UberLAWSUIT in his *Ruling* on Wednesday 12/9/15:
_"Chen denied plaintiffs' request to certify a subclass of plaintiffs who drove through intermediary limo companies or used corporate names."_

I would contact the Shannon Lis-Riordan's office to ascertain if your DBA excludes you from the Class Action.


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## Egatnivdetsiwt

Just opted out. Thanks for the help!


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## borrowedtune

JoelQ said:


> This whole forum is one big Uber lawsuit recruitment tool.


What is the benefit of not opting out?


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## Roman M

Thank you for this. I sent them an email to opt out. Thank you very much. You're a champ.


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## acertijo22

Perfect, we can make the difference.


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## haji

PTB said:


> ok, I sent email to the Law Firm and asked whether CA Uber driver must contact them to join Class Action or it was automatic as long as you
> OPT-OUT of arbitration.
> 
> common sense tells me Law Firm does not require 160,000 emails from CA Uber drivers requesting to join Class Action.
> 
> let's see how they respond


I am currently a part of class action law suit against nationwide insurance company , I didn't file any complain and had no idea about the class action law suit some employees complain filed class action law suit and it covered all employees( unless you want to be excluded )


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## Jazzman

What about NYC? How it can impact me here?


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## chi1cabby

Jazzman said:


> What about NYC? How it can impact me here?


If you as an NYC UberX Drivers signed a new Partner Agreement, then you also can to Opt-out of The Binding Arbitration Provision within 30 days.


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## carobuber

My father is a lawyer... Here is some free legal advice: 

I routinely advise my clients to opt out of similar provisions in other contracts; I just advised one of my clients to do so within the last month in a business deal that he was considering. If you do not opt out, you are required to go to arbitration and you waive your right to have the dispute resolved through the courts.

If it ever came to a situation where litigation was necessary, the parties generally have an opportunity to elect arbitration at that time if they want to, so binding arbitration remains available. By opting out now, you keep your options open to pursue court litigation.


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## chi1cabby

carobuber said:


> If it ever came to a situation where litigation was necessary, the parties generally have an opportunity to elect arbitration at that time if they want to, so binding arbitration remains available. By opting out now, you keep your options open to pursue court litigation.


carobuber, thank you for your post. I also pointed this out in my post, but thank you for highlighting the point.


chi1cabby said:


> A Driver who has Opted Out of BAP, can still resolve a dispute with Uber by Arbitration, if he/she so chooses. Read more about Uber's Arbitration here: *Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*


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## Jazzman

will i receive any confirmation?


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## chi1cabby

Jazzman said:


> will i receive any confirmation?


You will not receive a confirmation email from Uber in reply to your Opt-out email.

That is why it's recommended that you CC the Opt-out email to yourself.


chi1cabby said:


> For your records, CC the Opt-out email to yourself, as you will not receive a reply back from Uber.
> 
> This is a sample Opt-out email:


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## Jazzman

Thanks man


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## observer

borrowedtune said:


> What is the benefit of not opting out?


Arbitration only benefits Uber, there is ZERO benefit to drivers.


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## observer

borrowedtune said:


> What is the benefit of not opting out?


Everything you ever wanted to know about arbitration, and then some...

https://www.workplacefairness.org/forced-arbitration-agreements


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## observer

Old Rocker said:


> I think I read that Uber has only had one dispute go to arbitration. I'm sure that's one more than they had planned since apparently the arbitration process costs at least $7,000. Now for a lawsuit, you better have $10k to start and another $15k to tide you through to the judgment and appeals.


Not necessarily, if you have a good case, lawyers will take your case on contingency.

If it is labor related the state will take up your case. (In CA, not sure about other states).


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## borrowedtune

observer said:


> Arbitration only benefits Uber, there is ZERO benefit to drivers.


Out of context, one might assume my post was an actual question. However, I was challenging a post that was subsequently deleted.

On a related note...


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## chi1cabby

*Judge knocks Uber over latest attempt to bar drivers from class-actions*
*http://arstechnica.com/tech-policy/...st-attempt-to-bar-drivers-from-class-actions/*
Hours-long hearing marks latest chapter in class-action suit, _O'Connor v. Uber_.
by Cyrus Farivar - Dec 18, 2015

SAN FRANCISCO-On Thursday, a federal judge admonished Uber over its questionable newly issued labor agreement. He also ruled that the new agreement does not affect members of the certified class of California drivers who are currently suing Uber over whether they should be considered employees.

Uber's lawyer, Theodore Boutrous, said the company believed it was within its right to suddenly send out the new document last Friday, which drivers had to agree to in order to continue driving for the company.

"Whatever your intent, I'm going to tell you my intent, I had no intent to say go ahead and issue notices," US District Court Judge Edward Chen said during the hearing in _O'Connor v. Uber_, which was over two hours long.

The new agreement pushed drivers to waive their right to sue the company or join class-action lawsuits in the event of a labor dispute in favor of private arbitration, which almost always favors corporations. The document did give drivers the ability to opt out within 30 days, but required that they specifically e-mail Uber to do so.

Judge Chen added that he was not sure the court had the authority to halt the new agreement but also ruled that Uber was now forbidden from communicating with drivers in this manner without first consulting with the court or the plaintiffs' attorney.

"At this point we should not be communicating with the class without some authorization," he noted.

The judge also said that while the company should provide comprehensive legal disclosures, it should also make a better effort to clarify potentially opaque language that would be impenetrable to even the vast majority of newly minted lawyers.

"When you issue a notice to everyone-and even if it's intended only to affect only those existing class members, not non-certified class claims-that's a subtle distinction," he said. "That's a pretty subtle distinction, and likely, frankly, to engender confusion. The agreement does not state that it won't be enforced against them. You have to discern that, I guess, by knowing the operation of law and reading the press releases-that's confusing."

*Red light, green light*
Upon learning of the new agreement, the plaintiffs' lawyer in the case, Shannon Liss-Riordan, then filed an emergency motion to stop it.

As she wrote in her filing last week:

Drivers receiving the agreement would not realize that they are class members in this case, or that by agreeing and failing to opt out of the arbitration agreement, they may be giving up their right to participate. In effect, Uber is trying to substitute its own notice and opt-out mechanism for court-approved notice and supervision of the opt-out process, and has created substantial confusion among class members in the process.

Jessica Santillo, an Uber spokeswoman, declined to respond to Ars' question as to how many drivers had signed the agreement and how many had opted out.

The new Uber agreement was sent out just two days after Judge Chen expanded the size of the class in the class-action to include over 100,000 California-based drivers. If the drivers are found that they should be considered employees, they would be entitled to various benefits, including expense reimbursement of up to 57.5¢ per mile driven.

For now, a jury trial date has been set for June 20, 2016 in federal court in San Francisco. However, Liss-Riordan also filed a new motion to have the case be decided by Judge Chen rather than a jury and then to split the case in two phases: determination of liability and the subsequent calculation of damages. "With a bench trial, the prospect of convening a jury for liability, and then needing to reconvene the jury, or convening a new jury, in a separate damages phase, is eliminated, and the Court can more easily manage the bifurcation," Liss-Riordan wrote in a Thursday filing.


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## chi1cabby

Your posts are usually somewhat on topic, but not well thought out or researched, and are somewhat misleading. It's like you're posting your musings.


Old Rocker said:


> file an amended tax return removing the deduction and repaying the resulting tax savings to the IRS.


Any proceeds recovered by a Driver in judgement award will be reported as ordinary income in that years tax return. It will be taxed as ordinary income, thus there will be no need to file amended tax returns for the past years.


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## Old Rocker

chi1cabby said:


> Your posts are usually somewhat on topic, but not well thought out or researched, and are somewhat misleading. It's like you're posting your musings.
> 
> Any proceeds recovered by a Driver in judgement award will be reported as ordinary income in that years tax return. It will be taxed as ordinary income, thus there will be no need to file amended tax returns for the past years.


I was musing. Thank you for correcting my error.


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## Pepo

chi1cabby said:


> *Your Address
> *​


Email address?


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## chi1cabby

Pepo said:


> Email address?


Your email address goes here:


chi1cabby said:


> CC: (Your email address)


I've edited this:


chi1cabby said:


> Your Postal Address (Optional)


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## peteyvavs

I have stopped driving for UBER until they can get their act together on insurance issues. UBER basically does nothing in the event of an accident and the liability on a driver can be devastating. Personal insurance will not cover a driver in the event of an accident, and yet UBER expects a driver to go through their personal insurance company before they use UBER coverage.
Once a drivers personal insurance company finds out that a driver used their vehicle for commercial use they will be dropped and this leaves the door open for UBER to deny coverage.
UBER wants to charge high fees to drivers, but the drivers get nothing in return. If UBER doesn't change they way they treat drivers they'll have a useless app, their will be no drivers.


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## UberEddie2015

First of all I would like to thank Chi1cabby for taking the time to put together a well written thread on how to Opt Out. Aftering raeding it I fired off an email with your sample opt-out letter. Thanks again.


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## glados

Thanks chi1cabby for keeping us up to date on the latest developments. This is a very interesting case.


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## David UberX

Great work


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## Kruhn

I ALMOST forgot! I had it checked to make sure I had all my I's dotted and my T's crossed and then forgot to forward it. 

Whew!


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## lark

There is a provision under "Fare Calculation and Your Payment" that states,

"Fare provided under the Fare Calculation is the only payment you will receive in connection with
the provision of Transportation Services, and that neither the Fare provided nor the Fare Calculation
includes any gratuity.

Does this mean we can tell pax that tips are not included the the fare?
Can we post signs in our cars saying "Tips are not included in the fare".


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## chi1cabby

lark said:


> Does this mean we can tell pax that tips are not included the the fare?
> Can we post signs in our cars saying "Tips are not included in the fare".


What the Partner Agreement says and what Uber demands of, or permits Drivers to do are two separate and often diametrically opposed things.

This is the New Language on Gratuities from Dec 2015 Agreement:









But the Dec 2015 & Nov 2014 Agreements also contain Section 4.7 "No Additional Amounts":









And this is the origin of Section 4.7 "No Additional Amounts" from June 2014 Agreement:
_"You acknowledge that there is no tipping for any transportation services that you provide pursuant to the receipt of a Request. You understand and agree that, for the mutual benefit of the Parties, Company may endeavor to attract new Users to the Service and Software, and to increase existing Users' use of the Service and Software, through advertising and marketing to the effect that tipping is "voluntary," "not required," and/or "included" in the Service Fee paid by the User. You understand that the aim of 
advertising and marketing to the effect that there is no need to leave a tip is ultimately to increase the number of Requests you receive through the Service and Software. You agree that the existence of any such advertising or marketing does not entitle you to any payment beyond the payment of Service Fees as provided in this __Agreement."_


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## PTB

I ran into an UBER driver with a Black SUV at the car wash today.
I asked him if he sent the OPT-OUT email, but he didn't have a clue with regards to this option.
This is just another example of Uber drivers that are not aware of the importance of this OPT-OUT option.
I directed him to uberpeople.net as a good resource of information and helped him type the OPT-OUT email.


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## Atlwarrior

Should we expect to receive a response back?


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## Atlwarrior

PTB said:


> I ran into an UBER driver with a Black SUV at the car wash today.
> I asked him if he sent the OPT-OUT email, but he didn't have a clue with regards to this option.
> This is just another example of Uber drivers that are not aware of the importance of this OPT-OUT option.
> I directed him to uberpeople.net as a good resource of information and helped him type the OPT-OUT email.


Why should Black SUV drivers be concern as there normal rates without a surge is like 4 times higher than Uber X drivers.


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## chi1cabby

Atlwarrior said:


> Should we expect to receive a response back?


There is no reply or confirmation email back to the Driver.


chi1cabby said:


> For your records, CC the Opt-out email to yourself, as you will not receive a reply back from Uber.





Atlwarrior said:


> Why should Black SUV drivers be concern as there normal rates without a surge is like 4 times higher than Uber X drivers.


Opting Out of the Binding Arbitration Provision of the Partner Agreement has nothing to do with UberX or UberBLACK Rates etc.

Opting Out is about preserving your legal right to resolve disputes with Uber in a Court of Law, rather than by the Arbitration process only.


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## Jack Marrero

Awswemome! Great info! Thank you!


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## Maderacopy

I opted out also about a week ago.


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## HEM66

Hi all,
This might be a stupid question, but I was wondering do Canadian drivers(Toronto) need to opt out of this new agreement. I'm not sure if this applys to us the same way as in the states.


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## chi1cabby

HEM66 said:


> I was wondering do Canadian drivers(Toronto) need to opt out of this new agreement. I'm not sure if this applys to us the same way as in the states


Canadian Drivers cannot opt-out of Binding Arbitration Provision of their Partner Agreement.
See this post:
*New Service Agreements*


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## HEM66

chi1cabby said:


> Canadian Drivers cannot opt-out of Binding Arbitration Provision of their Partner Agreement.
> See this post:
> *New Service Agreements*


That's great, j read that entire thread and I understand the insurance issues. Actually lets just say it makes me question driving at all. Simply I just want to know. Do I have to accept this new agreement or can I just leave it?


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## diannecurtains

Great help; Nice job and thanks for your hard work.


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## cleansafepolite

chi1cabby said:


> Please post this thread on any Drivers FB Groups that you might be a member of.
> 
> Goober, or anyone else, can you please post this on Uber Drivers on Reddit.
> 
> Thank you!


god bless you and all that you do.


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## tohellwithu

I did send the email but did not received any confirmation from them...am I suppose to get the email or not from them.


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## Driven1

Thanks, Chi1cabby for posting the info on opting out. It is really helpful. 

I am new to the forum and noted a post (which I can't find now!) that had a list or an explanation of Tips based on a rating system. I realize that there is no tipping with Uber, but was wondering if you happen to know what I'm referring to or a possible link?


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## chi1cabby

Driven1 said:


> a post (which I can't find now!) that had a list or an explanation of Tips based on a rating system.


Sorry, I don't recall this post.

If it was a thread on Ratings, you'd likely find it here:
https://uberpeople.net/forums/Ratings/

Or you could try searching for the post by using a combo of some words that you may remember from that post. Use advanced search to fine tune the search:
https://uberpeople.net/search/


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## Argantes

Damn only have a few days left to send the opt-out but I haven't now I worried Im late in the game and they will single me out and deactivate me for some dumb reason even though it says they won't. I got a text saying I cancel too many riders about 2 weeks ago and they might use that bs excuse to deactivate me.


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## chi1cabby

Argantes said:


> Damn only have a few days left to send the opt-out but I haven't now I worried Im late in the game and they will single me out and deactivate me for some dumb reason even though it says they won't.


There will be thousands of Drivers who will be Opting Out in the coming days. 
As I've explained above, a Driver's Opt-out Status is Not shared with the local operations teams.


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## Driven1

Argantes said:


> Damn only have a few days left to send the opt-out but I haven't now I worried Im late in the game and they will single me out and deactivate me for some dumb reason even though it says they won't. I got a text saying I cancel too many riders about 2 weeks ago and they might use that bs excuse to deactivate me.


Chi1cabby is correct... they do not share the driver opt-out status with the local teams. It's also illegal.

However, I understand your fear. Uber has built a huge business and in the process has created a "culture of fear" -- built on the backs of the workers they are relying upon. It's a classic David vs Goliath story.

I believe they are the ones who should be afraid because in the end, Uber will ultimately lose. Drivers ARE employees and the Uber "we're-a-technology-company, not-a-transportation-company" stance isn't going to fly in court. The reason they are fighting so hard is because they stand to lose billions in payouts (which they can afford) when they will have to restructure the entire company and business model.

Uber is a great idea. Unfortunately, the way it stands now, it's only great for its owners and investors. Have faith, "change happens."


----------



## chi1cabby

*For Drivers who agreed to the New Partner Agreement on 12/11/15, the 30 Days Opt-out Deadline is on 01/09/16.*


----------



## Argantes

Hey Chi, Just like this right? 

I, ______, hereby notify Uber & Raiser LLC of my intent to Opt-Out of The Binding Arbitration Provision of Raiser Technologies Services Agreement.


I have from here on wards elected to Opt-Out of The Binding Arbitration Provision of The Partner Agreement. Thank you.

Name

Addres

Phone


Do I need to send the second sentence since the first sums it up? Not sure if its supposed to be different I'm kind of slow.


----------



## chi1cabby

Argantes said:


> Do I need to send the second sentence since the first sums it up?


The first sentence is notifying Uber of your intent to Opt-out (as specified in the Partner Agreement)
The second sentence notifies Uber of you exercising that intent.

It's best to have both the sentences in the email. Also remember to Carbon Copy (CC) the Opt-out email to yourself.


----------



## chi1cabby

*An Urgent Request to All Forum Members:* 
Please spread the urgency & the importance of Opting Out to any & all Drivers / Forum Members over the remaining 3 days.

Thank you!


----------



## Argantes

Nice, thanks for the clarification.


----------



## Hijosmio

Hello everyone, I have a question. I see that the deadline to opt-out is 1/9/16. New driver joining after the deadline 1/9/16 are they going to have the option to opt-out?


----------



## chi1cabby

Hijosmio said:


> New driver joining after the deadline 1/9/16 are they going to have the option to opt-out?


Drivers have 30 Days, from the date they agree to the New Partner Agreement, to Opt-out of The Binding Arbitration Provision.
Since most existing Drivers agreed to the New Partner Agreement on 12/11/15, their opt-out deadline is 01/09/16.


----------



## Zdshooter

It's Rasier not Raiser, Argantes.



Argantes said:


> Hey Chi, Just like this right?
> 
> I, ______, hereby notify Uber & Raiser LLC of my intent to Opt-Out of The Binding Arbitration Provision of Raiser Technologies Services Agreement.
> 
> I have from here on wards elected to Opt-Out of The Binding Arbitration Provision of The Partner Agreement. Thank you.
> 
> Name
> 
> Addres
> 
> Phone
> 
> Do I need to send the second sentence since the first sums it up? Not sure if its supposed to be different I'm kind of slow.


----------



## Santa

chi1cabby is this opt-out for Americans or Canadians can do this as well?

Thanks


----------



## Kruhn

chi1cabby said:


> The first sentence is notifying Uber of your intent to Opt-out (as specified in the Partner Agreement)
> The second sentence notifies Uber of you exercising that intent.
> 
> It's best to have both the sentences in the email. Also remember to Carbon Copy (CC) the Opt-out email to yourself.


Quick question, does having the Opt Out in your section items box sufficient?


----------



## chi1cabby

Santa said:


> is this opt-out for Americans or Canadians can do this as well?


This Agreement is only for U.S. Drivers. Canadian Drivers have a different Partner Agreement that went into effect on 01/04/16. 
Canadian Drivers cannot opt-out of Binding Arbitration Provision of their Partner Agreement.
See this post:
*New Service Agreements*


----------



## chi1cabby

Kruhn said:


> Quick question, does having the Opt Out in your section items box sufficient?


I'm sorry but I don't understand your question. If your asking if having Opt-out in the Subject Line of the email is sufficient, then the answer is that it wouldn't be sufficient.

Just Copy the the text of the body of the sample email, and Paste it in the body of your email to [email protected]


----------



## metal_orion

Thanks for all this insightful info about this case. I opted out as well. I hate how Uber treat us as independent contractors, yet they try to micromanage every other aspect besides the hours we decide to work.


----------



## Dax

Hi, everyone,

I just opted-out a minute ago. I hope it's not too late.

Being an Uber slave, I don't have enough time for reading forums nor sending emails. Thanks to all.


----------



## UberComic

*Everyone should listen to Mr. T.*

*







*


----------



## lucatso

what if i didnt opt-out? can i change my mind?


----------



## chi1cabby

lucatso said:


> what if i didnt opt-out? can i change my mind?


You have 30 Days, from the date you agree to the New Partner Agreement, to make up your mind on Opting Out.


----------



## Casuale Haberdasher

peteyvavs said:


> I have stopped driving for UBER until they can get their act together on insurance issues. UBER basically does nothing in the event of an accident and the liability on a driver can be devastating. Personal insurance will not cover a driver in the event of an accident, and yet UBER expects a driver to go through their personal insurance company before they use UBER coverage.
> Once a drivers personal insurance company finds out that a driver used their vehicle for commercial use they will be dropped and this leaves the door open for UBER to deny coverage.
> UBER wants to charge high fees to drivers, but the drivers get nothing in return. If UBER doesn't change they way they treat drivers they'll have a useless app, their will be no drivers.


POST # 38/peteyvavs: AMEN, ALLELUIA!
A New Member...THREE
MESSAGES IN...achieving Enlightenment.
Bless You, Petey. Now you can apply for
that Part Time Bodhisattva Position!

Mentoring Bison: Welcome-Wagoneering 
☆ ☆ ☆ ☆ ☆ ☆ ☆ ☆ Roun' th' World!


----------



## Transporter33

So by doing thise is it possible that they will cancel me ?


----------



## chi1cabby

Transporter33 said:


> So by doing thise is it possible that they will cancel me ?


Please don't be scared of Opting Out.
It is illegal for Uber to retaliate against Drivers who choose to Opt-out.


Driven1 said:


> Chi1cabby is correct... they do not share the driver opt-out status with the local teams. It's also illegal.
> 
> However, I understand your fear. Uber has built a huge business and in the process has created a "culture of fear" -- built on the backs of the workers they are relying upon. It's a classic David vs Goliath story.


----------



## Transporter33

Ok so all I do just send email proves there? With my name and all that staff in red correct ?


chi1cabby said:


> Please don't be scared of Opting Out.
> It is illegal for Uber to retaliate against Drivers who choose to Opt-out.[/QUOTE


----------



## chi1cabby

Transporter33 said:


> Ok so all I do just send email proves there? With my name and all that staff in red correct ?


Exactly.
Just copy & paste the text of the sample email.


----------



## Realityshark

Thank you for posting this.


----------



## lucatso

chi1cabby said:


> You have 30 Days, from the date you agree to the New Partner Agreement, to make up your mind on Opting Out.


opted my ass outta that mess!! thanks chi1cabby


----------



## Fluber

Opt out sent. Thanks for the reminder & for putting this together for us.


----------



## chi1cabby

*DON'T GET MAD ABOUT THE RATE CUTS, GET EVEN!!
MAKE UBER PAY FOR ALL YOUR VEHICLE EXPENSES AT $0.57/MILE.
ALL DRIVERS SHOULD OPT-OUT TODAY, SO THAT THEY CAN JOIN THE CALIFORNIA CLASS ACTION #UBERLAWSUIT WHEN IT EXPANDS TO THEIR STATES.
TODAY IS THE 30 DAY DEADLINE TO OPT-OUT. 
ASK EVERY DRIVER YOU INTERACT WITH TO OPT-OUT TODAY!*


----------



## atomix

chi1cabby said:


> *DON'T GET MAD ABOUT THE RATE CUTS, GET EVEN!!
> MAKE UBER PAY FOR ALL YOUR VEHICLE EXPENSES AT $0.57/MILE.
> ALL DRIVERS SHOULD OPT-OUT TODAY, SO THAT THEY CAN JOIN THE CALIFORNIA CLASS ACTION #UBERLAWSUIT WHEN IT EXPANDS TO THEIR STATES.
> TODAY IS THE 30 DAY DEADLINE TO OPT-OUT.
> ASK EVERY DRIVER YOU INTERACT WITH TO OPT-OUT TODAY!*


Uber can kiss my tired, worn-out azz--add me to list of drivers that want to kick Tavis right in his fat AZZ.


----------



## Munib

Will they de activate my account ?


----------



## chi1cabby

Munib said:


> Will they de activate my account ?


No!


----------



## Munib

Ok i have emailed thanks


----------



## ato72543

It would be great if it was the right email address. I have attempted twice to op-out through that e-mail address and both have failed to deliver. 
Really Uber? REALLY!


----------



## chi1cabby

ato72543 said:


> It would be great if it was the right email address. I have attempted twice to op-out through that e-mail address and both have failed to deliver.
> Really Uber? REALLY!


*Wow!*
If this is happening, Uber is playing with fire, and Judge Chen isn't going to be very pleased about it.
Could you please post a screenshot of the failed email delivery. Black out any identifying personal details. To test the email delivery, I've just sent an email to [email protected] too from my anonymous email account.


----------



## chi1cabby

ato72543 please check the email address. The email is to be addressed to [email protected] (No hyphen in optout).


----------



## chi1cabby

ato72543 said:


> I have attempted twice to op-out through that e-mail address and both have failed to deliver.


My test email to [email protected]
hasn't bounced back due to failed delivery. I sent it 20 minutes back.


----------



## Zeppelin77

Thank you chi1cabby for doing this. I opted out after I received my email saying rates were cut 20% but the new rates were actually a 25% cut. They can't even get their facts straight in 2 emails.


----------



## ReviTULize




----------



## Transporter33

Ok 


chi1cabby said:


> Exactly.
> Just copy & paste the text of the sample email.


ok I did that yestorday so in much more simpler English can u explaine me benefit of that? Pros cons? Sorry to ask but my English sucks and idk nothing about law and law terms...


----------



## chi1cabby

Transporter33 said:


> ok I did that yestorday so in much more simpler English can u explaine me benefit of that? Pros cons? Sorry to ask but my English sucks and idk nothing about law and law terms...


It's too complicated to explain in detail again. Please read the first post of this thread a few times. You'll then get an idea of what this is all about.

Cons: 

None.
Pros:

You can sue Uber by yourself. 
You can join other Drivers to file a Class Action lawsuit against Uber.
You be part of lawsuit similar to California Drivers #UberLAWSUIT on tips, vehicle expenses, and other benefits that employees receive, when such lawsuit is filed in your State.


----------



## Transporter33

Ok ger


chi1cabby said:


> It's too complicated to explain in detail again. Please read the first post of this thread a few times. You'll then get an idea of what this is all about.
> 
> Cons:
> 
> None.
> Pros:
> 
> You can sue Uber by yourself.
> You can join other Drivers to file a Class Action lawsuit against Uber.
> You be part of lawsuit similar to California Drivers #UberLAWSUIT on tips, vehicle expenses, and other benefits that employees receive, when such lawsuit is filed in your State.


ok get it now thanks


----------



## Uber321

I have a couple of driver friends, who do not frequent this site, and were not aware of sending the email to opt out. They told me they did not remember if they agreed to the terms the day they were sent out. Obviously, if they agreed to it a couple days later there is no question they can still opt out. But, if they did agree the same day, and did not send it yesterday, is it pointless for them to send it now? Or should they still send it just in case?

EDIT: They also mentioned to me that they had to agree to new terms today (price changes), so does that mean they can still opt out because Uber made them agree to new terms again? 

Thanks!


----------



## chi1cabby

Uber321 said:


> But, if they did agree the same day, and did not send it yesterday, is it pointless for them to send it now?


Today is actually the 30th Day. 
Please ask your friends to send the Opt-out email ASAP.


----------



## CLAkid

I have not driven for Uber in several months but will be reactivating this week, most likely. Will I be asked to agree to new provisions in the app before I am allowed to drive? And should I not agree? Or agree, drive but still opt out? Sorry, still confused.


----------



## chi1cabby

CLAkid said:


> Or agree, drive but still opt out?


You will have to agree to the New Partner Agreement. Then you can opt-out of the Binding Arbitration Provision within 30 Days.


----------



## Montgomery

I highly recommend everyone in this thread to watch the documentary Hot Coffee.

It is relevant because you will see how more and more companies are including those clauses in contracts about arbitration because they are the ones that benefit, not the wronged individuals. The company pays for the arbitration, so the "judges" are pressured by their employers to rule in favor of the company regardless of the evidence presented in order to keep their jobs. Is the perfect way to stack the deck in their favor when it comes to a lawsuit, much better for them than to go to court and much worse for the individual. Thanks @ch1cabby and everyone who contributed to this thread.

And btw when you see the documentary you'll agree that the woman who sued McDonalds over the coffee being too hot deserved every pennie she asked and more.


----------



## CLAkid

chi1cabby said:


> You will have to agree to the New Partner Agreement. Then you can opt-out of the Binding Arbitration Provision within 30 Days.


Great. Thanks for this simple response. I get it.


----------



## Pepo

This may have been asked before, but if I ever decided to quit, does my opting out still apply?


----------



## chi1cabby

Pepo said:


> This may have been asked before, but if I ever decided to quit, does my opting out still apply?


A Driver who has Opted Out of Binding Arbitration, will retain his/her status as an Opted Out Driver even after quitting.


----------



## Stephen30

30 days has passed since I agreed can i stil opt out?


----------



## chi1cabby

Stephen30 said:


> 30 days has passed since I agreed can i stil opt out?


Sorry Stephen30, once 30 Days have elapsed after a Driver accepts the New Partner Agreement, he/she can no longer opt-out of the Binding Arbitration Provision.


----------



## ocpoolguy

How do I find out the day I accepted the new partner agreement? I think it was just short of 30 days ago that I started driving for UBER. Just looked at my vehicle inspection form it is dated 12/23/2015


----------



## chi1cabby

ocpoolguy said:


> How do I find out the day I accepted the new partner agreement?


I believe the first time a Driver is able to log on to the Partner App is the time that the Driver has to agree to the Partner Agreement.

In any case, it seems that you're just at the 30 Days limit to Opt-out. So send in the Opt-out email ASAP.


----------



## ocpoolguy

E-mail sent Thanks for your advise.


----------



## Independent Earthling

I had opted out of the 2014 PA's arbitration clause, but this time 30 days had elapsed before I realized that I had to opt out again. If they come up with a new PA in future, would I be able to opt out then?


----------



## chi1cabby

Independent Earthling said:


> I had opted out of the 2014 PA's arbitration clause, but this time 30 days had elapsed before I realized that I had to opt out again. If they come up with a new PA in future, would I be able to opt out then?


Sorry that you missed the 30 Days Opt-out Deadline!
It will be many years before Uber will have a new Partner Agreement, since Uber can just modify the latest PA without giving current Drivers another chance to Opt-out due to the Modifications Clause.
Uber was forced to come out with this PA as Judge Chen had ruled that the Binding Arbitration Provisions of the June & Nov 2014 PAs were unenforceable.


----------



## Ca$h4

Shannon Liss-Riordan's office recommends you opt-out even if you are beyond the 30 day deadline. Posted on Thursday, January 21, 2016 in Advocacy thread.

*https://uberpeople.net/threads/lawsuit-opt-out-of-uber-arbitration-now-even-if-beyond-30-days.56473/*


----------



## mayhem1313

can I opt-out if I drive in London?


----------



## Dodge Uber

Does this affect new drivers to? I just started 2 weeks ago and I'm still learning.


----------



## stuber

chi1cabby said:


> _The Forum has a long Featured Thread by grams777, that's become somewhat unwieldy for Drivers to glean pertinent info from._
> *New US Uber Partner Agreement - Dec 11, 2015 (Arbitration)*
> _So I've compiled this post as a repository of concise & narrowly focused info on the New Partner Agreement (PA), it's Binding Arbitration Provision (BAP), Opting Out of BAP & on #UberLAWSUIT. _
> _The companion Poll is being run as an Ongoing Poll to gauge sentiment on Opting Out amongst future New Forum Members._
> 
> On Wednesday 12/09/14, San Francisco Federal Court Judge Chen issued *Two Rulings* in California Drivers' lawsuit against Uber on worker classification & tips:
> 
> The Judge ruled that the Binding Arbitration Provisions (BAP) of Uber's *June 2014* and *November 2014 *Partnership Agreements (PA) were unenforceable.
> The Judge also ruled that the Drivers can pursue reimbursement for Vehicle Expenses, which he'd previously excluded.
> On Friday 12/11/15 Uber sent to All of it's 400,000 U.S. Drivers a *New Partnership Agreement* (PA) with:
> 
> Updated Binding Arbitration Provision (BAP).
> Updated Terms & Conditions of other aspects of Drivers' contract with Uber.
> Drivers have to Accept the New Partnership Agreement (PA) in order to be able to login to the Partner App and work. After Drivers have Accepted the full PA, Drivers have the Legal Right to Opt-out of The Binding Arbitration Provision (BAP) of the New PA.
> 
> Drivers have *30 Days,* from the date they accept the New PA, to Opt-out of the BAP. Drivers can Opt-out by emailing Uber's General Counsel at *[email protected]. *For your records, CC the Opt-out email to yourself, as you will not receive a reply back from Uber.
> 
> This is a sample Opt-out email:
> 
> *To: [email protected]*
> *CC: (Your email address)*
> *
> Subject: Opting Out of Binding Arbitration Provision
> 
> Date: (Today's Date)
> 
> I, (Your Name), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.
> 
> I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.
> 
> Your Name
> Your Phone Number
> Your Postal Address (Optional)*​*Some Questions & Answers on PA & BAP*
> *Q: Why should I Opt-out of the BAP?*
> 
> Opting Out of the BAP preserves a Driver's Right to pursue resolution of any dispute with Uber in a Court of Law.
> A Driver who has not Opted Out cannot even file a Small Claims Court case against Uber.
> A Driver can join any current or future Class Action Lawsuit against Uber, if he/she is eligible.
> A Driver who has Opted Out of BAP, can still resolve a dispute with Uber by Arbitration, if he/she so chooses. Read more about Uber's Arbitration here: *Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*
> Opting Out of the BAP is literally the only decision that a Driver has absolute control over in his/her relationship with Uber. Besides the choice of what hours a Driver chooses to work, Uber can & does exercise unilateral control over All aspects of a Driver operations.
> *Q: By Opting Out, am I joining the Class Action #UberLAWSUIT against Uber?*
> 
> *NO!* Opting Out has absolutely nothing to do with #UberLAWSUIT.
> Till now the #UberLAWSUIT is limited to California Drivers only. CA Drivers have to make a separate decision on whether to join or not join the Class.
> Drivers' Atty. Shannon Lis-Riordan (SLR) has stated that she intends to file cases to pursue claims of Drivers in other States.
> *Q: If I Opt-out, will/can Uber retaliate against me by Deactivating me?*
> 
> A Driver's Opt-out email goes to Uber's General Counsel, who is an Officer of the Court.
> A Driver's Opt-out Status is Not shared with local Uber Operations Teams.
> View attachment 20254
> 
> There are many Well Known Forum Members who Opted Out in Nov 2014 and are still Active Drivers.
> *Q: Besides the Updated BAP, what else has been updated in the New PA?*
> 
> I haven't yet compared in detail the Old PA with the New PA. This is a screenshot from the 1st page of a 43 pages-long Microsoft Word comparison between the Old Nov 10, 2014 & the New Dec 10, 2015 PAs.
> *The Underlined Text in Red* is new addition to the New Dec 2015 PA.
> *The Strike Through Text in Red *was present in the old Nov 2014 PA, but is deleted in the New Dec 2015 PA.
> View attachment 20256
> 
> 43 Page Comparison pdf (588KB): *https://www.dropbox.com/s/q1fhqntuv759k67/PA Comparison.pdf?dl=0*
> *Some Questions & Answers on #UberLAWSUIT
> Q: What is the #UberLAWSUIT filed by Drivers about?*
> 
> The Lawsuit is about how Drivers, while being classified as ICs, have No Control over their IC operation, except the hours they choose to drive (Flexibility). Yet Uber exercises unilateral & *excessive control* over the daily routine operations of it's IC Drivers, in essence treating them as Employees, but without any of the benefits.
> The Lawsuit was originally filed on behalf of all U.S. Drivers, but Judge Chen has so far limited it to California Drivers only.
> That Uber illegally represented to Riders that Gratuities (Tips) were included in the Fare.
> *Q: If Drivers win the Lawsuit, will I be forced to become an Employee?*
> 
> *NO!* _"Even if Uber loses this case, it will be free to restructure its relationship with its drivers in such a way that the drivers would actually be bona fide independent contractors," Chen wrote in a *68-page decision.*_* Analysis: Uber will survive, no matter what courts decide
> View attachment 20257
> *
> *Q: But what about the flexibility that I enjoy as a Driver?*
> 
> *Despite Uber's Arguments, Flexibility for Employees Is a Company's Choice*
> *Q: What would an average Driver win in a judgment award?*
> 
> Drivers' Vehicle related expenses would be the biggest chunk of any judgement award.
> View attachment 20265
> The Judge has accepted the IRS mileage reimbursement rate of¢57.5 per Mile as a reasonable figure.
> Based on survey data from SherpaShare, the average Uber driver, full-time and part-time, puts in nearly 24 hours a week.The average speed in cities around the country where Uber is most used appears to be around 20 miles per hour. That means the average Uber driver covers about 475 miles a week.
> That calculates to an average of $273.13 a week, or just over $13,000 a year per driver.
> *A few final thoughts:*
> 
> In Nov 2014, Uber took away Drivers' Right to Opt-out of BAP whenever Uber modified the PA by adding wording to the Modification Clause in the Nov 2014 PA. This wording was not present in June 2014 PA. (The wording is also present in Dec 2015 PA.)
> View attachment 20266
> 
> Ever since the addition of this wording, I have been a strong advocate for New Drivers to read their PA, and Opt-out of the BAP within the 30 Day window.
> Now, thanks to Judge Chen, ALL Drivers have been given a second chance to Opt-out of The Binding Arbitration Provision, and gain a measure of equity in their relationship with Uber.
> Please ask questions on anything that I've posted above or overlooked to post on.
> 
> Thank you!


Possibly Chi1's greatest UP forum contribution. Thanks again.


----------



## chi1cabby

mayhem1313 said:


> can I opt-out if I drive in London?


Hi mayhem1313, UK Drivers cannot opt-out of the Binding Arbitration. This post explains Uber's U.K. Partner Agreement's Binding Arbitration Provision:
*UBER's NEW PARTNER/DRIVER AGREEMENT*


----------



## chi1cabby

Dodge Uber said:


> Does this affect new drivers to? I just started 2 weeks ago and I'm still learning.


Hi Dodge Uber,
As a New Driver you can (& should) opt-out of the Binding Arbitration Provision within 30 Days starting to drive for Uber.


----------



## domino

chi1cabby said:


> Please post this thread on any Drivers FB Groups that you might be a member of.
> 
> Goober, or anyone else, can you please post this on Uber Drivers on Reddit.
> 
> Thank you!


Great analysis. I still am unsure of what I should do. I am a California driver, if I don't opt out, am I ineligible for compensation if the suit wins?


----------



## domino

"If you ask to be excluded you will not be bound by any judgment that you are or are not an employee of Uber and, if money or benefits are later awarded, you won’t share in those. But, you keep any rights to sue Uber separately about the same and related legal claims in this lawsuit, including any claims for additional expenses that are not being pursued by Plaintiffs in this case."

I'm confused on why I would opt out..?


----------



## chi1cabby

domino said:


> I still am unsure of what I should do. I am a California driver, if I don't opt out, am I ineligible for compensation if the suit wins?


 How long have you driven for Uber in California? California Drivers who started after 12/10/15 and did not Opt-out of Binding Arbitration, are not automatically part of the Class in the #UberLAWSUIT.


domino said:


> I'm confused on why I would opt out..?


Opting Out of the Binding Arbitration Provision of the Partner Agreement is a separate issue than joining or not joining the #UberLAWSUIT.

A New Driver has 30 Days to Opt-out of Binding Arbitration from the day he/she agrees to the Partner Agreement.


----------



## UberAttorney

Get out, get your own lawyer-


----------



## maxista

Can I still opt out after accepted?


----------



## JerseyBoy911

maxista said:


> Can I still opt out after accepted?


only 30days after you have...

but i read an article some where that when they released a new agreement in Dec, the judge found out and got pissed...told them they didn't listem him and they shouldn't have done that lol


----------



## observer

JerseyBoy911 said:


> only 30days after you have...
> 
> but i read an article some where that when they released a new agreement in Dec, the judge found out and got pissed...told them they didn't listem him and they shouldn't have done that lol


I think that may only apply to California drivers since the lawsuit only involves drivers in CA.

Your best bet is to go to uberlawsuit.com They were taking names of drivers that were past the thirty days to eventually file lawsuits individually.


----------



## JerseyBoy911

observer said:


> I think that may only apply to California drivers since the lawsuit only involves drivers in CA.
> 
> Your best bet is to go to uberlawsuit.com They were taking names of drivers that were past the thirty days to eventually file lawsuits individually.


Actually, were looking for Lawyers in NJ to do it for us here in NJ

So wait the new agreement is only for CA drivers?? huh?


----------



## observer

JerseyBoy911 said:


> Actually, were looking for Lawyers in NJ to do it for us here in NJ
> 
> So wait the new agreement is only for CA drivers?? huh?


That's a good idea, I think there are 4 different state lawsuits going on right now.

No, the agreement, I believe is for all drivers but the lawsuit was filed only on behalf of CA drivers.


----------



## observer

observer said:


> That's a good idea, I think there are 4 different state lawsuits going on right now.
> 
> No, the agreement, I believe is for all drivers but the lawsuit was filed only on behalf of CA drivers.


Let me rephrase that, the original lawsuit was for all Uber drivers, but Uber got it narrowed down to a small group of only CA drivers. Then the judge changed his mind and opened it up to a larger group of drivers but still only CA drivers.


----------



## maxista

observer said:


> That's a good idea, I think there are 4 different state lawsuits going on right now.
> 
> No, the agreement, I believe is for all drivers but the lawsuit was filed only on behalf of CA drivers.


Source?


----------



## observer

maxista said:


> Source?


Here, 13 lawsuits, six states.

http://arstechnica.com/tech-policy/...awsuits-one-claims-he-only-makes-80-per-week/

You may want to check with the lawyer mentioned in the story about filing in NJ.


----------



## Casuale Haberdasher

Montgomery said:


> I highly recommend everyone in this thread to watch the documentary Hot Coffee.
> 
> It is relevant because you will see how more and more companies are including those clauses in contracts about arbitration because they are the ones that benefit, not the wronged individuals. The company pays for the arbitration, so the "judges" are pressured by their employers to rule in favor of the company regardless of the evidence presented in order to keep their jobs. Is the perfect way to stack the deck in their favor when it comes to a lawsuit, much better for them than to go to court and much worse for the individual. Thanks @ch1cabby and everyone who contributed to this thread.
> 
> And btw when you see the documentary you'll agree that the woman who sued McDonalds over the coffee being too hot deserved every pennie she asked and more.


POST #:105/Montgomery: HEY ! I see
what you did
here.......E X C E L L E N T ! A worthy
Adjunct to St. Comity's Drum Beat of
"OPT-OUT!" "DISRUPT THE LOUT!"

Bison: SCALDING is TooGood-4-U-T.K.!


----------



## Casuale Haberdasher

Ca$h4 said:


> Shannon Liss-Riordan's office recommends you opt-out even if you are beyond the 30 day deadline. Posted on Thursday, January 21, 2016 in Advocacy thread.
> 
> *https://uberpeople.net/threads/lawsuit-opt-out-of-uber-arbitration-now-even-if-beyond-30-days.56473/*


POST #:116/Ca$h4: Bostonian Bison
Thanks You for
this Hyperlinked UPNF Thread that
provides ANSWERS right from the
Attorney-of-Record, #[F]Uber Lawsuit
L I T I G A T O R..4..T H E...D R I V E R S:

☆ ☆Shannon Liss-Riordan, Esq. ☆ ☆

Bison Admires. Bison Inspires,!


----------



## PTB

chi1cabby said:


> How long have you driven for Uber in California? California Drivers who started after 12/10/15 and did not Opt-out of Binding Arbitration, are not automatically part of the Class in the #UberLAWSUIT.
> 
> Opting Out of the Binding Arbitration Provision of the Partner Agreement is a separate issue than joining or not joining the #UberLAWSUIT.
> 
> A New Driver has 30 Days to Opt-out of Binding Arbitration from the day he/she agrees to the Partner Agreement.


should a NEW DRIVER wait until after 40 trips are completed to OPT-OUT ?
or there is no real relationship between your so-called probationary period and OPT-OUT email timing?
my brother joined Uber a couple days ago and I would like to give him the best advise regarding the OPT-OUT option


----------



## chi1cabby

PTB said:


> my brother joined Uber a couple days ago and I would like to give him the best advise regarding the OPT-OUT option


There is no relationship between probationary period & opting out.
But there is no harm in waiting till after 40 rides to email the opt-out, as long as it's before 30 Days of accepting the partner agreement.


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## Scottie Boy

This is good info...


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## Jennifer G

Thanks Roman! great info to have


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## Chance Phillips

Thank you for the very detailed information on this post! Saved me time and cleared up some questions I had.


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## Adieu

Hmmm...I got deactivated, did class, and had them stall my reactivation until day 31


Hmmm indeed


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## FAC

Thank you for the information and form letter. I opted out as soon as I finished reading your post. Thank you again!


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## dakotahblu

Thank you for the information. I just read through everything and immediately took care of it. Thank you again for all your hard work in making this understandable.


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## konoplya

super informative thread. i just signed up with uber today and they (supposedly) accepted my application and the text message said i could go online and start driving. now i haven't completed a single ride yet (need to get my car cleaned up and such), but can i still opt out even before i pick up my first pax? thanks for the help


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## chi1cabby

konoplya said:


> i haven't completed a single ride yet (need to get my car cleaned up and such), but can i still opt out even before i pick up my first pax?


New Drivers are required to Accept the Partner Agreement when they first log on to the Partner App. New Drivers can then Opt-out of the Binding Arbitration Provisions of the Partner Agreement within 30 Days.


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## Montgomery

When I signed on last night there was a a new notice I needed to agree with in order to go online. It was about the commision rates but it seemed the same as the stuff we agreed to in January. @ch1cabby do you know the difference?


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## konoplya

chi1cabby said:


> New Drivers are required to Accept the Partner Agreement when they first log on to the Partner App. New Drivers can then Opt-out of the Binding Arbitration Provisions of the Partner Agreement within 30 Days.


so by logging in you mean just opening the app or actually going online? i don't remember accepting anything, but perhaps i did. should i actually complete my first ride before sending them an opt out email?


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## chi1cabby

konoplya said:


> so by logging in you mean just opening the app or actually going online? i don't remember accepting anything, but perhaps i did. should i actually complete my first ride before sending them an opt out email?


You won't be allowed to go online without first clicking "I Agree" to the Partner Agreement. 
There is hurry in sending in the Opt-out email. You have 30 Days from accepting the Partner Agreement.


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## chi1cabby

Montgomery said:


> When I signed on last night there was a a new notice I needed to agree with in order to go online. It was about the commision rates but it seemed the same as the stuff we agreed to in January.


I think you were asked to agree to the City Addendum for your market. It might have been exactly the same as the one you agreed to in January, or it might contain some updates.


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## kakauber

Dont drive for Uber...just work somewhere else and you dont have toworry about this nonsense.


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## UberMommy510

With all this drama going on I just accepted the agreement so that I could work it was Christmas time when they hit us drivers with the agreement and by the time you know it my 30 days was up and I totally spaced opting-out . As I was driving for Uber the majority of the time. So my question is does that mean I now may not receive any benefits if the case is won. I didn't opt out fast enough??? that's not fair.


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## ubersan

I tried to send opt out to [email protected] as described, but I get an email delivery failure.

We're writing to let you know that the group you tried to contact (optout) may not exist, or you may not have permission to post messages to the group. A few more details on why you weren't able to post:

* You might have spelled or formatted the group name incorrectly.
* The owner of the group may have removed this group.
* You may need to join the group before receiving permission to post.
* This group may not be open to posting.

If you have questions related to this or any other Google Group, visit the Help Center at https://support.google.com/a/uber.com/bin/topic.py?topic=25838.

Thanks,

uber.com admins


----------



## chi1cabby

ubersan said:


> I tried to send opt out to [email protected] as described, but I get an email delivery failure.
> 
> We're writing to let you know that the group you tried to contact (optout) may not exist, or you may not have permission to post messages to the group. A few more details on why you weren't able to post:
> 
> * You might have spelled or formatted the group name incorrectly.
> * The owner of the group may have removed this group.
> * You may need to join the group before receiving permission to post.
> * This group may not be open to posting.
> 
> If you have questions related to this or any other Google Group, visit the Help Center at https://support.google.com/a/uber.com/bin/topic.py?topic=25838.
> 
> Thanks,
> 
> uber.com admins


I just sent a test email to [email protected] and got the same reply!

















1) ubersan when did you approximately sign-up with Uber?
2) Can you, or any other new Driver, please have a look at the Partner Agreement by clicking your Profile, then clicking Legal. See if Uber has listed a new website/link as a means for Drivers to opt-out, instead of the email address.

Thanx!


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## chi1cabby

chi1cabby said:


> Can you, or any other new Driver, please have a look at the Partner Agreement by clicking your Profile, then clicking Legal. See if Uber has listed a new website/link as a means for Drivers to opt-out, instead of the email address.


This info should be on the very last page of the Partner Agreement.


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## EpicBeard

Do you have to opt out every time they update the partner agreement?


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## chi1cabby

EpicBeard said:


> Do you have to opt out every time they update the partner agreement?


Great question.

I'll reply in detail by tomorrow morning.


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## JulieM678

chi1cabby said:


> _The Forum has a long Featured Thread by grams777, that's become somewhat unwieldy for Drivers to glean pertinent info from._
> *New US Uber Partner Agreement - Dec 11, 2015 (Arbitration)*
> _So I've compiled this post as a repository of concise & narrowly focused info on the New Partner Agreement (PA), it's Binding Arbitration Provision (BAP), Opting Out of BAP & on #UberLAWSUIT. _
> _The companion Poll is being run as an Ongoing Poll to gauge sentiment on Opting Out amongst future New Forum Members._
> 
> On Wednesday 12/09/15, San Francisco Federal Court Judge Chen issued *Two Rulings* in California Drivers' lawsuit against Uber on worker classification & tips:
> 
> The Judge ruled that the Binding Arbitration Provisions (BAP) of Uber's *June 2014* and *November 2014 *Partnership Agreements (PA) were unenforceable.
> The Judge also ruled that the Drivers can pursue reimbursement for Vehicle Expenses, which he'd previously excluded.
> On Friday 12/11/15 Uber sent to All of it's 400,000 U.S. Drivers a *New Partnership Agreement* (PA) with:
> 
> Updated Binding Arbitration Provision (BAP).
> Updated Terms & Conditions of other aspects of Drivers' contract with Uber.
> Drivers have to Accept the New Partnership Agreement (PA) in order to be able to login to the Partner App and work. After Drivers have Accepted the full PA, Drivers have the Legal Right to Opt-out of The Binding Arbitration Provision (BAP) of the New PA.
> 
> Drivers have *30 Days,* from the date they accept the New PA, to Opt-out of the BAP. Drivers can Opt-out by emailing Uber's General Counsel at *[email protected]. *For your records, CC the Opt-out email to yourself, as you will not receive a reply back from Uber.
> 
> This is a sample Opt-out email:
> 
> *To: [email protected]*
> *CC: (Your email address)*
> *
> Subject: Opting Out of Binding Arbitration Provision
> 
> Date: (Today's Date)
> 
> I, (Your Name), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.
> 
> I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.
> 
> Your Name
> Your Phone Number
> Your Postal Address (Optional)*​*Some Questions & Answers on PA & BAP*
> *Q: Why should I Opt-out of the BAP?*
> 
> Opting Out of the BAP preserves a Driver's Right to pursue resolution of any dispute with Uber in a Court of Law.
> A Driver who has not Opted Out cannot even file a Small Claims Court case against Uber.
> A Driver can join any current or future Class Action Lawsuit against Uber, if he/she is eligible.
> A Driver who has Opted Out of BAP, can still resolve a dispute with Uber by Arbitration, if he/she so chooses. Read more about Uber's Arbitration here: *Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*
> Opting Out of the BAP is literally the only decision that a Driver has absolute control over in his/her relationship with Uber. Besides the choice of what hours a Driver chooses to work, Uber can & does exercise unilateral control over All aspects of a Driver operations.
> *Q: By Opting Out, am I joining the Class Action #UberLAWSUIT against Uber?*
> 
> *NO!* Opting Out has absolutely nothing to do with #UberLAWSUIT.
> Till now the #UberLAWSUIT is limited to California Drivers only. CA Drivers have to make a separate decision on whether to join or not join the Class.
> Drivers' Atty. Shannon Lis-Riordan (SLR) has stated that she intends to file cases to pursue claims of Drivers in other States.
> *Q: If I Opt-out, will/can Uber retaliate against me by Deactivating me?*
> 
> A Driver's Opt-out email goes to Uber's General Counsel, who is an Officer of the Court.
> A Driver's Opt-out Status is Not shared with local Uber Operations Teams.
> View attachment 20254
> 
> There are many Well Known Forum Members who Opted Out in Nov 2014 and are still Active Drivers.
> *Q: Besides the Updated BAP, what else has been updated in the New PA?*
> 
> I haven't yet compared in detail the Old PA with the New PA. This is a screenshot from the 1st page of a 43 pages-long Microsoft Word comparison between the Old Nov 10, 2014 & the New Dec 10, 2015 PAs.
> *The Underlined Text in Red* is new addition to the New Dec 2015 PA.
> *The Strike Through Text in Red *was present in the old Nov 2014 PA, but is deleted in the New Dec 2015 PA.
> View attachment 20256
> 
> 43 Page Comparison pdf (588KB): *https://www.dropbox.com/s/q1fhqntuv759k67/PA Comparison.pdf?dl=0*
> *Some Questions & Answers on #UberLAWSUIT
> Q: What is the #UberLAWSUIT filed by Drivers about?*
> 
> The Lawsuit is about how Drivers, while being classified as ICs, have No Control over their IC operation, except the hours they choose to drive (Flexibility). Yet Uber exercises unilateral & *excessive control* over the daily routine operations of it's IC Drivers, in essence treating them as Employees, but without any of the benefits.
> The Lawsuit was originally filed on behalf of all U.S. Drivers, but Judge Chen has so far limited it to California Drivers only.
> That Uber illegally represented to Riders that Gratuities (Tips) were included in the Fare.
> *Q: If Drivers win the Lawsuit, will I be forced to become an Employee?*
> 
> *NO!* _"Even if Uber loses this case, it will be free to restructure its relationship with its drivers in such a way that the drivers would actually be bona fide independent contractors," Chen wrote in a *68-page decision.*_* Analysis: Uber will survive, no matter what courts decide
> View attachment 20257
> *
> *Q: But what about the flexibility that I enjoy as a Driver?*
> 
> *Despite Uber's Arguments, Flexibility for Employees Is a Company's Choice*
> *Q: What would an average Driver win in a judgment award?*
> 
> Drivers' Vehicle related expenses would be the biggest chunk of any judgement award.
> View attachment 20265
> The Judge has accepted the IRS mileage reimbursement rate of¢57.5 per Mile as a reasonable figure.
> Based on survey data from SherpaShare, the average Uber driver, full-time and part-time, puts in nearly 24 hours a week.The average speed in cities around the country where Uber is most used appears to be around 20 miles per hour. That means the average Uber driver covers about 475 miles a week.
> That calculates to an average of $273.13 a week, or just over $13,000 a year per driver.
> *A few final thoughts:*
> 
> In Nov 2014, Uber took away Drivers' Right to Opt-out of BAP whenever Uber modified the PA by adding wording to the Modification Clause in the Nov 2014 PA. This wording was not present in June 2014 PA. (The wording is also present in Dec 2015 PA.)
> View attachment 20266
> 
> Ever since the addition of this wording, I have been a strong advocate for New Drivers to read their PA, and Opt-out of the BAP within the 30 Day window.
> Now, thanks to Judge Chen, ALL Drivers have been given a second chance to Opt-out of The Binding Arbitration Provision, and gain a measure of equity in their relationship with Uber.
> Please ask questions on anything that I've posted above or overlooked to post on.
> 
> Thank you!


Can u post a working email addy for the opt out? That email keeps coming back to me as undeliverable


----------



## FAC

JulieM678 said:


> Can u post a working email addy for the opt out? That email keeps coming back to me as undeliverable


That's not right. I would file a support ticket with uber about that. I'm the meantime i would send via certified mail until the email works

Here is a screenshot with the snail mail address 









This is found on page 21 of 21 of the partner agreement.


----------



## FAC

chi1cabby said:


> Great question.
> 
> I'll reply in detail by tomorrow morning.


Any update on needing to opt out every time they change the agreement?


----------



## Michael - Cleveland

FAC said:


> Any update on needing to opt out every time they change the agreement?


Each time you agree to a NEW 'driver agreement' you are entering a NEW agreement - so, yes, you have to opt-out each time you enter a new agreement. Just send an opt-out email to the email address provided. If that email bounces back as undeliverable, print-out the email and the bounce-back message and mail it to the Uber address provided. It doesn't need to be certified mail. Just make sure you keep copies of the emails and note what date you mailed (email and snail-mail) them.

The only time you don't have to submit a new opt-out is when your current driver agreement is 'updated'/'amended' (unless the update/amendment is updating the binding arbitration clause).


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## Smokenburn

They sent a 200 page legal document that you can only view on your tiny smart phone screen, which you are supposed to read while you are in the car as that is when you see it. That will not stand in court.


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## FAC

Michael - Cleveland said:


> Each time you agree to a NEW 'driver agreement' you are entering a NEW agreement - so, yes, you have to opt-out each time you enter a new agreement. Just send an opt-out email to the email address provided. If that email bounces back as undeliverable, print-out the email and the bounce-back message and mail it to the Uber address provided. It doesn't need to be certified mail. Just make sure you keep copies of the emails and note what date you mailed (email and snail-mail) them.
> 
> The only time you don't have to submit a new opt-out is when your current driver agreement is 'updated'/'amended' (unless the update/amendment is updating the binding arbitration clause).


Ok just so that I'm clear. I opted opt within my 1st 30 days. In April I had to agree to the new rate changes but nothing was said about arbitration so I'm good, right?

Still opened a help support ticket about the opt out email not working. Isn't that a breach on Ubers side?


----------



## Michael - Cleveland

FAC said:


> Ok just so that I'm clear. I opted opt within my 1st 30 days. In April I had to agree to the new rate changes but nothing was said about arbitration so I'm good, right?


Yup.


> Still opened a help support ticket about the opt out email not working. Isn't that a breach on Ubers side?


No, I doubt it.


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## Richard Schusterman

Are there any drivers who started driving in Houston in May 2014 who have a copy of the original Technology Services Agreement?


----------



## Ubersucksgas

This is kinda confuding.
I signed up 1-2 weeks ago. What is this about and do I need to do anything??
First post i kinda hard to read for people who are not that great with English.


----------



## Michael - Cleveland

Ubersucksass said:


> This is kinda confuding.
> I signed up 1-2 weeks ago. What is this about and do I need to do anything??
> First post i kinda hard to read for people who are not that great with English.


Yes, if English is not your native language I imagine it can be difficult to follow everything.

The only thing you may want to do (and I DO recommend it) is to send an email to Uber "opting out" of the arbitration clause in your driver agreement. That means you are putting Uber on notice that you do not accept the terms of their 'arbitration clause'. By doing that you preserve your right to sue Uber in a court of law (rather than be limited only to using 'arbitration').

Here's how to Opt Out:

Send this email:

*To: [email protected]*
*CC: (*_Your email address_*)*

*Subject: Opting Out of Binding Arbitration Provision*

*Date: (*_Today's Date_*)*

*I, (*_Your Name_*), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.*

*I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.*

*Your Name
Your Uber driver email address
Your Phone Number
Your Postal Address (*_Optional_*)*


----------



## Ubersucksgas

Michael - Cleveland said:


> Yes, if English is not your native language I imagine it can be difficult to follow everything.
> 
> The only thing you may want to do (and I DO recommend it) is to send an email to Uber "opting out" of the arbitration clause in your driver agreement. That means you are putting Uber on notice that you do not accept the terms of their 'arbitration clause'. By doing that you preserve your right to sue Uber in a court of law (rather than be limited only to using 'arbitration').
> 
> Here's how to Opt Out:
> 
> Send this email:
> 
> *To: [email protected]
> CC: (*_Your email address_*)*
> 
> *Subject: Opting Out of Binding Arbitration Provision*
> 
> *Date: (*_Today's Date_*)*
> 
> *I, (*_Your Name_*), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.*
> 
> *I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.*
> 
> *Your Name
> Your Uber driver email address
> Your Phone Number
> Your Postal Address (*_Optional_*)*


Thank you. I will definitely do that


----------



## marcusguber

Michael - Cleveland said:


> Yes, if English is not your native language I imagine it can be difficult to follow everything.
> 
> The only thing you may want to do (and I DO recommend it) is to send an email to Uber "opting out" of the arbitration clause in your driver agreement. That means you are putting Uber on notice that you do not accept the terms of their 'arbitration clause'. By doing that you preserve your right to sue Uber in a court of law (rather than be limited only to using 'arbitration').
> 
> Here's how to Opt Out:
> 
> Send this email:
> 
> *To: [email protected]
> CC: (*_Your email address_*)*
> 
> *Subject: Opting Out of Binding Arbitration Provision*
> 
> *Date: (*_Today's Date_*)*
> 
> *I, (*_Your Name_*), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.*
> 
> *I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.*
> 
> *Your Name
> Your Uber driver email address
> Your Phone Number
> Your Postal Address (*_Optional_*)*


Thank you for this valuable info, I just started in NYC and had no idea until someone directed me to your post.

This was the response I got

E-mails to [email protected] are only monitored for Arbitration Provision opt outs by U.S. drivers. Need help with something else? Visit http://help.uber.com or open the app and navigate to the "HELP" screen. To unsubscribe from text messages from Uber, reply "STOP" to any text message. If you decide you no longer want to receive email updates from Uber, you can click the "Unsubscribe" link at the bottom of any email message.


----------



## Montgomery

marcusguber said:


> Thank you for this valuable info, I just started in NYC and had no idea until someone directed me to your post.
> 
> This was the response I got
> 
> E-mails to [email protected] are only monitored for Arbitration Provision opt outs by U.S. drivers. Need help with something else? Visit http://help.uber.com or open the app and navigate to the "HELP" screen. To unsubscribe from text messages from Uber, reply "STOP" to any text message. If you decide you no longer want to receive email updates from Uber, you can click the "Unsubscribe" link at the bottom of any email message.


You got a response? Wow. I wonder how new this is.


----------



## marcusguber

Montgomery said:


> You got a response? Wow. I wonder how new this is.


Yes thats exactly what I got, I just cut and pasted it here.

Im at this a week and already they are trying to screw me for my sign on bonus so Im glad I found this. I also CC'd an attorney friend who will put it in her files related to me as well.


----------



## Montgomery

marcusguber said:


> Yes thats exactly what I got, I just cut and pasted it here.
> 
> Im at this a week and already they are trying to screw me for my sign on bonus so Im glad I found this. I also CC'd an attorney friend who will put it in her files related to me as well.


Good for you. I think you are the first person to report getting a response upon opting out. Needless to say if they screw you out of your bonus, go after them.


----------



## marcusguber

Montgomery said:


> Good for you. I think you are the first person to report getting a response upon opting out. Needless to say if they screw you out of your bonus, go after them.


Im seething mad right now as Im still waiting back for a response from them, after they said there are no sign on bonuses for July. Now if you live in NYC and have a radio and ears, you will know that almost 3-1000 times hourly on AM theres commercials for Uber advertising the bonus, and free car rent for 2 weeks. They are Flooding and I dont mean hurricane Sandy flooding I mean Noah's ark biblical type flooding of the airwaves with these ads. Very happy I opted out just tonight.


----------



## Frikandel

I got the same response. See the attachment.


----------



## Escoman

chi1cabby said:


> Opting Out of the Binding Arbitration Provision of the Partner Agreement is a separate decision than joining the Class Action #UberLAWSUIT. All Drivers, from California & other US States, should Opt-out of Binding Arbitration Provision.
> California Drivers, past & present, are eligible to join the #UberLAWSUIT. They can do so by contacting the Law Firm representing the Drivers at www.UberLAWSUIT.Com


So i am not an attorney and allot of that went way over my head. It seems to say We had only 30 day's to opt out of the arbitration clause of decemebr 2015 and its september so can i still opt out ? I signed up on October 2015 but never drive until 5/16 so unsure if I did that agreement?


----------



## Michael - Cleveland

Escoman said:


> So i am not an attorney and allot of that went way over my head. It seems to say We had only 30 day's to opt out of the arbitration clause of decemebr 2015 and its september so can i still opt out ? I signed up on October 2015 but never drive until 5/16 so unsure if I did that agreement?


You are indeed beyond the 30 days you had to OPT-OUT. However, I would still send in an Opt-Out email request, following the instructions in the agreement you signed. If (when) you are asked to enter a new agreement again, be sure to opt-out within 30 days.


----------

