# Opt Out Of Binding Arbitration Clause



## Michael - Cleveland (Jan 1, 2015)

OPT OUT OF BINDING ARBITRATION CLAUSE
(excerpt from the US Nov 2014 Partner Agreement)

*viii. Your Right To Opt Out Of Arbitration.*
Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to *[email protected]*, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to:

LEGAL
RAISER LLC
1455 Market St., Ste. 400
San Francisco CA 94103

In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by the Company. Should you not opt out of this Arbitration Provision within the 30-day period, you and the Company shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.


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## Nick781 (Dec 7, 2014)

So what would this do?


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## Michael - Cleveland (Jan 1, 2015)

Nick781 said:


> So what would this do?


It allows you to retain your right to file a civil complaint against Uber in court and not be forced in to [expensive] arbitration (where 'awards' to plaintiff's are typically 30% less than awards in court)... and it retains your right to join a class-action if you are otherwise qualified as part of the 'class'.


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## Nick781 (Dec 7, 2014)

So Uber will probably try and get rid of me if I do this ?


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## Michael - Cleveland (Jan 1, 2015)

Nick781 said:


> So Uber will probably try and get rid of me if I do this ?


hehe - No, that would illegal.
Read the first line: "_Arbitration is not a mandatory condition of your contractual relationship with the Company_. "


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## Neil Yaremchuk (Sep 28, 2015)

I sent the email to opt out but never received a response or a verification.


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## observer (Dec 11, 2014)

Michael - Cleveland said:


> hehe - No, that would illegal.
> Read the first line: "_Arbitration is not a mandatory condition of your contractual relationship with the Company_. "


And the last sentence...

You understand that you will not be subject to retaliation if you exercise your right to assert claimsor opt-out of coverage under this Arbitration Provision.


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## Michael - Cleveland (Jan 1, 2015)

*Uber's Plan to Keep Driver Complaints Out of Court*
*The company bets on an arbitration clause in a drivers' rights case.*
http://www.bloomberg.com/news/articles/2015-09-24/uber-s-plan-to-keep-driver-complaints-out-of-court

Blooomberg 9/24/15


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## Kruhn (Sep 24, 2015)

Michael - Cleveland said:


> OPT OUT OF BINDING ARBITRATION CLAUSE
> (excerpt from the US Nov 2014 Partner Agreement)
> 
> *viii. Your Right To Opt Out Of Arbitration.*
> ...


DAMN! As I said a while ago, I wish I've known that earlier. I didn't opt out in time, so I'm stuck with arbitration!

Foolish me!


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## observer (Dec 11, 2014)

Kruhn said:


> DAMN! As I said a while ago, I wish I've known that earlier. I didn't opt out in time, so I'm stuck with arbitration!
> 
> Foolish me!


You can still go to uberlawsuit.com and sign up for their list of drivers past arbitration date.

The arbitration clause may eventually be tossed out. The law firm has also said they may take cases on an individual basis.

But you must register with them.

Uberlawsuit.com


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## observer (Dec 11, 2014)

Kruhn said:


> DAMN! As I said a while ago, I wish I've known that earlier. I didn't opt out in time, so I'm stuck with arbitration!
> 
> Foolish me!


An excerpt from uberlawsuit.com,

In order to join our list of drivers interested in the case, and to sign up for us to represent you individually in the event that we need to pursue individual cases (such as in arbitration) to collect any wages that may be owed to you based on Uber's misclassification of drivers, PLEASE CONTACT US to obtain a form to return to us. To stay informed, and be added to our list of drivers interested in the case, please e-mail your name and contact information to:

Lichten & Liss-Riordan, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
www.llrlaw.com
Tel: (617) 994-5800
Fax: (617) 994-5801

Elizabeth Lopez, Paralegal
[email protected]

Shannon Liss-Riordan, Lead Counsel
[email protected]

Adelaide Pagano, Associate Attorney
[email protected]

Uber cannot legally retaliate against you for cooperating with the lawsuit.


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## observer (Dec 11, 2014)

Kruhn said:


> DAMN! As I said a while ago, I wish I've known that earlier. I didn't opt out in time, so I'm stuck with arbitration!
> 
> Foolish me!


*Sorry, this excerpt is more relevant to your case.
*
But meanwhile, if you have driven for Uber anywhere in the United States, and did not opt out of the arbitration clause within 30 days of accepting Uber's licensing agreement,PLEASE CONTACT US to obtain a form to return to us so that we can pursue an individual claim for you, in the event that we have to pursue these claims individually, rather than through the class action.


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## Michael - Cleveland (Jan 1, 2015)

Kruhn said:


> DAMN! As I said a while ago, I wish I've known that earlier. I didn't opt out in time, so I'm stuck with arbitration!
> 
> Foolish me!


Send it in anyway...
In the unlikely even that you ever need to file a claim, you can always make the ase that you sent in your opt-out as soon as found out you had been 'opted in'. Judges do not like coporate bullies.


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## Uber 1 (Oct 6, 2015)

Kruhn said:


> DAMN! As I said a while ago, I wish I've known that earlier. I didn't opt out in time, so I'm stuck with arbitration!
> 
> Foolish me!


I wonder if it would be possible for a driver to quit (terminate contract) then sign up again as a new driver then opt out?

Andy


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## Michael - Cleveland (Jan 1, 2015)

Uber 1 said:


> I wonder if it would be possible for a driver to quit (terminate contract) then sign up again as a new driver then opt out?
> 
> Andy


Absolutely.
But it wouldn't be worth it - the commission/Uber Fee is higher for new drivers.
Just send in your opt-out form request. 
Better late than never.
The chances are you'll never need it - 
But wouldn't you love the opportunity to force Uber to go before a judge, 
whining that '_the driver missed the dealine for opting out_'?
I'd love to see the look on the judge's face.


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## Mims Athome (Oct 24, 2015)

I just started driving yesterday. Did not know about this provision but I am well within my first 30 days and sent my intent to opt out via email. Thank you Michael for this valuable information.


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## Uber 1 (Oct 6, 2015)

Michael - Cleveland said:


> Absolutely.
> But it wouldn't be worth it - the commission/Uber Fee is higher for new drivers.
> Just send in your opt-out form request.
> Better late than never.
> ...


I'm fairly new to Uber.... so you are saying once I sign up as a driver I get locked into a particular commission fee and it does not change?...

In my readings, I though rates changes affect all drivers simultaneously (say for example Uber lowers rates per mile...If I signed in at an earlier time then they would not lower my rate because I signed in at e higher pay rate?) or do different drivers get different rates in the same area?

Andy


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## Michael - Cleveland (Jan 1, 2015)

Uber 1 said:


> I'm fairly new to Uber.... so you are saying once I sign up as a driver I get locked into a particular commission fee and it does not change?...


Uber retains the right to ammend their policies and fees at any time.
When they make any such change, they will notify you by email and if it's a change that effects your pay (like a higher Uber Fee) then when you next open the app, it will require you to agree to the new terms before allowing you to go online.

Recently, Uber has been increasing the Uber Fee for UberX rides in many markets FOR NEW DRIVERS ONLY from 20% to 25%.

If you 'quit' and then want to reactivate, Uber will, in all likliehood, establish your re-activated account under the current/new fee plan.


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## Michael - Cleveland (Jan 1, 2015)

Johnny Lu said:


> Michael, what happens if I do not Opt out?


If you do not Opt-Out of the Binding Arbitratin clause (as permitted) then you are waiving all rights to bring a future claim against Uber in court. For instance, instead of being able to spend ~$60 to file a claim in small claims court to recover unpaid fares (and the court costs) you would be forced to enter into ARBITRATION, at a cost of $7,000/day (which you cannot recover).Opting Out does not limit your ability to enter into binding arbitration if you choose... it provides you with the option of filing a complaint or claim of damages as YOU see fit - without being coerced by Uber.

It also preserves your right to be included in any Class Action litigation agaisnt Uber for which you may qualify as a member of the class.

By law - and as stated in your Uber Partner Greement - Uber may not take any retaliatory action against you if you Opt Out of binding aribitration.

There is no downside to Opting Out...
There could be negative consequences if you fail to Opt Out.


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## Fabius (Oct 12, 2015)

Thank you for pointing out this "opt out" issue to us. This is my 3rd day and I just sent the email. Tomorrow a certified letter will be mailed.


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## Michael - Cleveland (Jan 1, 2015)

Fabius said:


> Thank you for pointing out this "opt out" issue to us. This is my 3rd day and I just sent the email. Tomorrow a certified letter will be mailed.


A cert ltr isn't necessary... save your money.


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## H-Town Uber (Oct 28, 2015)

done, I had just gotten "activated" about a week ago glad I found this


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## Uber 1 (Oct 6, 2015)

Nick781 said:


> So Uber will probably try and get rid of me if I do this ?


You will be targeted for Termination....Just be on the lookout for Paxs that look like Arnold if you sign that... ;-O

Andy


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## Michael - Cleveland (Jan 1, 2015)

Uber 1 said:


> You will be targeted for Termination....


I know it was said in jest - but please don't give out false information to new drivers.
It's hard enough to determine what's true and what's just venting here.

(If Uber targeted drivers for termination on the basis of opting out of the binding arbitration clause, they would be setting themselves up to have their enitre defense in the 9th circuit cases thrown out. Oh - and management would face federal criminal charges.)


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## Uber 1 (Oct 6, 2015)

Michael - Cleveland said:


> I know it was said in jest - but please don't give out false information to new drivers.
> It's hard enough to determine what's true and what's just venting here.
> 
> (If Uber targeted drivers for termination on the basis of opting out of the binding arbitration clause, they would be setting themselves up to have their enitre defense in the 9th circuit cases thrown out. Oh - and management would face federal criminal charges.)


OK good point BUT HOPEFULLY they read past the termination part to see I was kidding.....

If you are reading this....OPT OUT OF ARBITRATION

OPT OUT OF ARBITRATION
OPT OUT OF ARBITRATION
OPT OUT OF ARBITRATION
OPT OUT OF ARBITRATION
OPT OUT OF ARBITRATION
OPT OUT OF ARBITRATION
OPT OUT OF ARBITRATION

I hope THAT was clear ;-)

Andy

PS - And THAT time I was NOT kidding...... OPT OUT OF ARBITRATION OPT OUT OF ARBITRATION


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## Michael - Cleveland (Jan 1, 2015)

Uber 1 said:


> OPT OUT OF ARBITRATION
> OPT OUT OF ARBITRATION
> OPT OUT OF ARBITRATION
> OPT OUT OF ARBITRATION
> ...


LIKE
LIKE
LIKE
LIKE
LIKE
LIKE
LIKE
LIKE


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## Bobby Loblaw (Aug 16, 2015)

What about the drivers up here in Ca na da ? ( it's a Native Indian word, it means village) Have you any insight as to our course of action? I've tried searching all over this site. No luck.
Thanks.


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