Frequently Asked Questions
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Why is there a notice?
Notices were sent to those whom Uber’s records identified as a member of a class of drivers whose claims are covered in a lawsuit pending in federal court. Those who were sent a notice have legal rights and options that they may exercise before the case proceeds further. Judge William H. Alsup of the Northern District of California is overseeing this case. The lawsuit is entitled Martin Dulberg, individually and on behalf of all others similarly-situated v. Uber Technologies, Inc., and Rasier, LLC, Case No. 3:17-cv-00850-WHA.
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What is the case about?
Plaintiff claims that Uber breached the December 11, 2015 Technology Services Agreement (the “TSA”) between Uber (or an affiliate) and drivers who use Uber’s products including UberX and UberSELECT. Plaintiff contends that the TSA required Uber to pay drivers based on the same fare that passengers were charged until May 22, 2017, when Uber issued the new fee addendum. Specifically, Plaintiff contends that when Uber implemented upfront pricing, for certain rides passengers were charged a fare at the beginning of the ride based on estimated time and distance, but Uber remitted to drivers their fare based on actual time and distance determined at the end of the ride. Plaintiff contends that this practice breached the TSA and that the members of the class, including you, lost money because of this practice.
Uber contends that its actions complied with the TSA, that its practice benefited drivers and riders, and that no damage occurred because of its practice.
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Who is part of the class?
The Court has decided that the following people are members of the class:
All persons nationwide who (1) drove for UberX or UberSELECT; (2) opted out of arbitration; (3) transported a passenger who was charged an upfront Fare before May 22, 2017, when Uber issued its updated fee addendum; and (4) made less money overall on rides where they transported passengers who were charged an upfront Fare because they were paid on a Fare calculated based on actual time and distance values instead of the upfront Fare calculated based on estimated time and distance values.
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What are the grounds for the settlement?
Based on Class Counsel’s investigation, the risks of the litigation, the expense and time necessary to prosecute this action through trial and possible appeals, the uncertainty of further prosecution of this action considering the sharply contested legal issues involved, and the relative benefits to be conferred upon class members under the settlement, the Plaintiff and Class Counsel believe that it is desirable to enter into the settlement.
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Is there monetary relief to the class?
Subject to approval by the Court, Uber will establish a settlement fund in the amount of $345,622.00 (the “Settlement Fund”), which will be distributed to class members pro rata after the deduction of approved fees, costs, and expenses. This Settlement Fund reflects approximately 46.2% of the maximum amount of total damages that class members purportedly incurred based on the Plaintiff’s interpretation of the TSA, and factors in the risks and costs of continuing to litigate this case and the potential that the Plaintiff and the class would recover zero damages (or some other reduced amount) at trial based on the contested legal issues and asserted defenses. For each class member whose pro rata share of the Settlement Fund (based on the damages they purportedly incurred) would be less than $20.00, Uber will pay each of those individuals $20.00 as a minimum payment.
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How will the attorneys and Plaintiff get paid?
Class Counsel will move the Court for: $65,569.50 in attorney’s fees, $78,344.00 in expenses incurred in this action ($40,430.00 in Plaintiff’s attorneys’ costs and $37,914 in estimated Settlement Administrator expenses), and to award Plaintiff a $5,000 service payment for his participation in the case. These amounts must first be approved by the Court.
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What happened if I received the Notice and do nothing?
If you are a Settlement Class Member and you do nothing, you will be deemed part of the settlement, bound to the Settlement Agreement, and entitled to a monetary payment as detailed above. Your individual recovery, as listed in the Notice you received, has been calculated under this settlement before reduction for your share of attorney’s fees and costs of suit as yet to be determined by the judge. Your individual recovery, as listed in the Notice you received, has been calculated under this settlement after reduction for your share of attorney’s fees and costs of suit as yet to be determined by the judge. Counsel will ask the judge to subtract a substantial part of your recovery for fees and costs, as explained elsewhere in this notice. If you feel this estimate is incorrect you may submit paperwork by September 26, 2019 to justify a larger (or smaller) amount but you will be stuck with whatever number the judge approves unless you formally exclude yourself from the class settlement as explained elsewhere in this notice. The entire Settlement Fund, excluding the $20.00 minimum payments paid by Uber to ensure that no class member recovers less than $20.00, is approximately 46.2% of the maximum possible litigation recovery. If you do nothing, you will also release all causes of action and claims that were or could have been asserted against Uber and the other Released Parties for alleged breach of Paragraph 4.1 of the TSA based on Uber’s upfront pricing practices that are alleged in this action, as described more fully in Section III.H of the Settlement Agreement.
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How do I request to be excluded?
The deadline to exclude yourself was October 17, 2019.
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How do I object to the proposed settlement, request for attorneys’ fees and expenses, or the service payment?
The deadline to object to the Settlement was October 17, 2019.
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When will the Court decide on the settlement?
The Final Approval Hearing was held on November 14, 2019 and the Settlement was approved on November 22, 2019.
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Are more details available?
For the precise terms of the settlement, you should review the Settlement Agreement, which may be viewed on the Important Documents page, from the Court’s electronic records access service at www.Pacer.gov, or in person at the Courthouse, 450 Golden Gate Ave., San Francisco, CA 94102. If you still have questions about the Notice, the Settlement Agreement, or the action, you may contact Class Counsel or the Settlement Administrator, whose contact information is located in FAQ 12 and FAQ 13 below. Please do not telephone the Court or the Court Clerk’s office to inquire about the Notice, the Settlement Agreement, or the action.
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Who are the attorneys in this case?
Class counsel is Salvatore C. Badala, Napoli Shkolnik, PLLC, 360 Lexington Avenue, 11th Floor, New York, NY 10017; SBadala@NapoliLaw.com; 212-397-1000.
Uber’s counsel is Randall W. Edwards, O’Melveny & Myers, LLP, 2 Embarcadero Center, 28th Floor, San Francisco, CA 94111; redwards@omm.com; 415-984-8716.
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How do I contact the Settlement Administrator?
The Settlement Administrator can be contacted by email at UberClassAction@AdministratorClassAction.com, by phone at 1-877-638-6713, or by mail at:
Dulberg v. Uber Class Action Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103 -
How do I request a replacement check?
To request a replacement check, please contact the Settlement Administrator by emailing UberClassAction@AdministratorClassAction.com, or by writing to the below address. Please include your full name, your former address, your current mailing address, and your Notice ID.
Dulberg v. Uber Class Action Settlement c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103