Uber’s Troubles Continue with Another Million Dollar Settlement

April 12, 2016

For one reason or another, there is a good chance you have heard about mega company Uber before.

Perhaps this is because you have used their service when you are in the city and need a ride home. Perhaps it is because, while you have never used them, everyone is always suggesting you “Uber it,” in the same manner they might have suggested that you “Google it.”

Then again, maybe you have heard of them because they seem to be in the news a lot because of some alleged trouble they have gotten into. This post is about yet another one of those situations.

The Uber Platform

For starters, let us go over a refresher about just what Uber is. So how it works is that you are in one of the 300 plus cities around the world that offers the service. You need a ride, but don’t want to use a cab. So you log onto the Uber app, say where you are and where you are going and soon a driver shows up driving their own car to take you there.

In theory, this works for everyone. An independent driver gets to make some extra money in their spare time. You get to where you need to be. The company makes a lot of money. Everyone wins.

Of course, this does not apply to cab drivers, but those are the competitors. So no worries there. But everyone else should win, right? Apparently not.

Because, despite how it might work on paper, everything is not all sunshine in Uber-land. Every other day, there seems to be some new legal problem facing the business. In fact, despite their success, you might not want to use them as your business model mentor.

Uber’s Controversies

Before getting into the newest settlement from Uber, let’s see just a few of their many, many controversies.

Problems with Drivers

One thing you might hear when listening to stories about Uber are stories about crazy drivers, crazy passengers, or crazy people pretending to be drivers. For example, here are a few situations that have popped up over the years:

I could keep going with these stories. (Though to be fair, I could also tell you even more stories about people who used Uber and safely made it to their final destination without any problems.) However, the point is that there are some safety risks involved in using Uber services.

This brings up some problems of liability for the company. For example, how much control does and should Uber have over its drivers? They are independent contractors with Uber acting primarily as the middle man. However, doesn’t Uber have some responsibility to their customers?

Protests

Another thing Uber has to deal with regularly are protests. Cab drivers and companies, as you might be able to imagine, do not like Uber or its business platform. Those behind the protests argue that services such as Uber hurt taxi businesses by going around local licensing laws that apply to other driving companies, as well as make it easier to avoid safety regulations.

Protesters claim that, not only does the ability to avoid these laws cause many of the safety issues associated with passengers and drivers as discussed above, but it also bleeds dry the cab industry since Uber is able to offer better rates and more convenient services.

Protests around the world have come in the form of traffic jams as cab drivers take to blocking the roads and driving at slow rates in order to make their points. In the United States, Uber drivers planned a protest earlier this year to impede transit at the Super Bowl.

Lawsuits

To go along with all the protests, are the lawsuits. According to Wikipedia, Uber is involved in at least 173 lawsuits across the world. Here are some of the highlights:

  • There is a class action from drivers claiming to be misclassified as independent contractors, who are demanding higher wages. (Because of the independent contractor status, workers make less than minimum wage. One worker claims to make less than $5 an hour once expenses are added in.)
  • Many similar suits have popped up since the first class-action was certified.
  • 50 suits were filed last year against Uber. Its closest competitor, Lyft, was sued only a third that amount. Airbnb, who was second behind Uber as the most valued startup, was sued only five times.
  • A lawsuit on background checks was just settled in California. We will get more into that a little later in this post.

Laws and Regulations Against Uber

Over the last several years since Uber has risen in prominence, countries around the world and cities and states around the country have worked to implement laws and regulations dictating how companies like Uber can operate.

Is it a taxi service or is it a ride share? The answer makes all the difference for taxing and regulating purposes. In some places, such as Uber and Las Vegas, Nevada, these companies are banned altogether.

Uber Executives

Last year, in Paris, the world watched as the end of an Uber protest led to the arrests of two Uber executives. The crimes they were alleged to have committed include running an illegal taxi service and concealing illegal documents.

Previous to the arrests, the company had been found to be illegal but could not be shut down since they helped pay drivers’ legal fees to help motivate them to keep working. Jail time might not be able to deter the company either, though.

The Reputation

Along with lawsuits, much of the company’s business practices have also led to negative reputations. While many people still use the company, and are likely to continue to do so as the rates are the most economically friendly, many others have been scared off by the horror stories they have heard.

However, apart from the customers, Uber has developed a bad reputation with governing bodies, competitors, and the media as well.

Some alleged examples?

  • Uber is said to have hired contractors to request Lyft rides only to try to recruit the drivers away from their competitors.
  • It is said that they hire people to dig up dirt on those journalists who say bad things about their services.
  • Workers say they pay way below minimum wage salaries by using the minimum wage classification.
  • They operate in the face of laws saying they cannot (see the above France executives story for an example.)

This Story and Its Settlement

All of this leads me to the purpose of this post this week: Uber has just agreed to settle a California lawsuit regarding background checks for somewhere in the vicinity of $10 to 25 million.

The Story

Uber claims (or at least claimed) to be the “safest ride on the road.” Its background check process was documented on its website, and it was said to lead the industry. However, the cities of Los Angeles and San Francisco do not think either of those claims are true.

In 2014, the cities sued the car-ride service claiming that it misleads customers by letting them think the background check process was more thorough than it really was. Specifically, the cities claim that the company’s background checks do not match the standards used by taxi companies.

Taxi drivers must undergo fingerprint checks that look for past convictions. Uber drivers do not have to do this. Instead, their names are run through criminal charge databases and motor vehicle files going back seven years.

Uber claims that on top of this check, passengers are able to rate drivers so that the company can weed out unsatisfactory workers that way as well.

The Settlement

Because this is a settlement, the company does not admit that they did anything wrong. However, they did agree to the following terms:

  • They will no longer call themselves the safest ride on the road.
  • They will pay the cities $10 million in the next 60 days.
  • If they do not comply with the terms they agreed to follow over the course of the next two years, they will pay an additional $15 million.

They also agreed to only operate their UberX services at airports where it had permission to do so.

This settlement is on top of a different settlement for $28.5 million reached earlier this year where, in part, it also agreed to call its “safe ride fee” a booking fee instead.

Uber’s competitor, Lfyt, settled the same lawsuit last year for around $250,000.

Final Thoughts

Success on its own can be fleeting. Right now Uber is on top of the world, but the more trouble they get themselves into, the worse their reputation gets, the… you probably get the point. Obviously, Uber is not currently having too many money problems. After all, people are constantly needing rides, which explains their $41 billion worth. However, $25 million here or there can really add up. That, along with stricter regulations and loss of reputation – and executives who are in jail – can end up hurting. So make sure you are on the right side of the law.

Also, do not try to deceive your customers. You’ll likely be caught, and you will likely get in trouble for it. And while Uber might be able to afford to settle for $10-$25 million, can your business?

By

Ashley Shaw is an experienced Legal Writer with years of experience. After receiving her JD, she worked for years in a corporate environment writing on business and employment law topics

Get Business Legal Updates

Please provide your full name.
Please provide a valid email address.
We respect your privacy, and we will never share your information. Unsubscribe at any time.

Related Publications

In a ruling against Uber, the Massachusetts Supreme Judicial Court has determined that only linking to Terms of Service or terms & conditions on a registration page is not enough to bind users to them. The court found that “Uber’s terms and conditions did not constitute a contract with the plaintiffs,” since Uber did not require…

January 20, 2021

The EEOC has found that IBM committed age discrimination to the tune of thousands of employees throughout 2013-2018. The determination follows a similar finding to a ProPublica report from 2018. EEOC found evidence of a pattern of workers 40+ being forced out and told their skills were obsolete, only to be brought back later as…

September 22, 2020

Uber acquires Postmates in their strategy to gain more traction in delivery of food and “everyday goods.” https://pasha.bz/uber-postmates

July 9, 2020

You offer a great product or service. At least you believe so. Now you want to protect yourself and your company from a frivolous or nuisance lawsuit. The easiest way to do this is mandate an arbitration clause into all agreements with those who do business with you. An arbitration clause will help limit the…

January 8, 2016

While Uber may be receiving the lion’s share of the attention on the topic, there has been no shortage of court rulings, IRS audits, and labor decisions on the issue of workforce misclassification. With a noticeable shift towards government agencies determining certain personnel are employees, it has made it increasingly difficult for employers to feel…

October 6, 2015

The guys kick off the week by discussing why the Federal Aviation Administration shutdown a startup trying to be the Uber for flights and how the company is trying to fight back.

October 4, 2015

On September 1, the U.S. Court for the Northern District of California held that a group of California Uber drivers could bring a class action to determine whether they are employees or contractors. The specific issue has to do with payment of tips that were not passed on to them, but the suit may eventually…

September 10, 2015

Whether the gig economy is a smart approach to running a lean business or a shell game designed to shift costs and risks from employers to workers; whether it threatens the foundations of the American middle class or will be the force that could save the American worker, three things are clear: There is no…

August 14, 2015

Nasir and Matt discuss the decision handed down by the California Labor Commissioner that classified an Uber driver as an employee instead ofan independent contractor.

June 22, 2015

Nasir and Matt discuss working as a freelancer and what both employees and employers must know to make sure it is done correctly.

February 11, 2015

Nasir and Matt talk about the recent motion filed by Uber claiming its drivers are not employees. They then answer the question, “As a business owner in California, what new laws should I know about?”

January 7, 2015

You can’t argue with success! I can. Uber is a five-year old company now valued more than 72 percent of any Fortune 500 company. I actually love the concept of Uber: it is disruptive, filling a need, an uber startup, and Uber’s latest round of funding raising $1.2 billion at a $41 billion valuation is a confirmation of…

December 9, 2014
Legally Sound Smart Business cover art

Legally Sound Smart Business

A business podcast with a legal twist

Legally Sound Smart Business is a podcast by Pasha Law PC covering different topics in business advice and news with a legal twist with attorneys Nasir Pasha and Matt Staub.
Apple Podcast badge
Google Podcast badge
Spotify Podcast badge

Latest Episodes

November 21, 2023

In this episode, Nasir Pasha and Matt Staub explore the legal implications of Artificial Intelligence in the business world. They delve into the most talked-about issue of 2023: AI and its impact on the legal landscape. Although AI isn’t necessarily a new topic, it has many unanswered questions in the legal world. Nasir and Matt…

July 12, 2023

In this episode, Attorney Nasir Pasha and Attorney Matt Staub delve deep into the complexities of mass layoffs and offer valuable insights, real-life examples, and practical advice to employers grappling with the aftermath of such challenging situations. Nasir and Matt emphasize the critical importance of effective communication when executing mass layoffs. They stress the need…

January 9, 2023

As the COVID-19 pandemic swept across the globe, businesses scrambled to adapt to the new reality it presented. In this blog post, we dive into the case of Goldman Sachs, a financial services giant, to examine their response to the crisis and the lessons other businesses can learn from their return-to-office strategy. From prioritizing employee…

October 28, 2022

Full Podcast Transcript NASIR: Finally, my two favorite worlds have collided – both the law and the chess – right here at Memorial Park in Houston, Texas. Windy day. We have some background noise – ambient noise. What are the two worlds that collided? Well, Hans Neimann has sued Magnus Carlsen for defamation in one…

September 26, 2022

Through a five-round championship bout, Matt travels to Texas from California to determine which state is better for business. Will it be a knockout with a clear winner or will it go to the scorecards?

July 7, 2022

Whether you are buying or selling a business, the transaction goes through the same steps. However, they are viewed from different perspectives. Sellers may not want to fully disclose all the blind spots while Buyers will want otherwise. Nasir and Matt battle it out in this Buyer vs. Seller to determine who has the advantage!…

May 12, 2022

When it comes to Restrictive Covenants, employers are fighting to keep their company safe while employees may use them to their advantage. Keep listening to find out if the Employer or the Employee wins this battle. Round 1: Trade Secrets A company’s trade secrets encompass a whole range of information and are one of the…

February 14, 2022

The Supreme Court rejected the nation’s vaccine mandate. Businesses with 100 or more employees are NOT required to have their employees vaccinated or go through weekly testings. However, this policy remains in effect for health care facilities. In this episode of Legally Sound | Smart Business, the team sat down to discuss their thoughts on this ruling.

December 1, 2021

In this episode of Legally Sound | Smart Business by Pasha Law PC, Nasir and Matt cover the Business of Healthcare. There is more to the healthcare industry than just doctors and nurses. Many Americans have health insurance to cover their yearly needs, but most Americans are not aware of what really goes on behind…

October 12, 2021

In our latest episode, Nasir and Matt are covering the legal issues on Social Media. The average person spends most of their day on social media, whether they are scrolling for hours or publishing their own content. However, just because you publish your own content on Instagram does not equate to you owning that image….

September 28, 2021

What is a Non-Disclosure Agreement, and when do I need one? In this episode, Nasir and Matt shares why you need to use Non-Disclosure Agreements, basic facts about NDA’s, and discuss about the infamous Jenner-Woods story. Having the right Non-Disclosure Agreement in place not only protects you and your business, but it also makes the…

June 16, 2021

Covered in this episode of Legally Sound Smart Business are some typical business mistakes blunders small businesses often make and how to avoid them. Blunder #1: Copying and pasting agreements It may sound like a good idea at the time, but this blunder comes with hidden pitfalls. Having an attorney draft terms that are specific…

February 4, 2021

How you terminate an employee can make the difference between a graceful transition to avoidable negative outcomes like a dramatic exit or even a lawsuit. We gathered a panel of experts and asked them – is there a “right way” to fire an employee? We would like to thank our guests for this episode: Amr…

December 2, 2020

The COVID-19 pandemic has turned nearly every aspect of life on its head, and that certainly holds true for the business world. In this episode, Matt and Nasir explain how the early days of the pandemic felt like the Wild West and how the shifting legal playing field left a lot open to interpretation and…

November 16, 2020

After plenty of ups and downs, our buyer has finally closed on the purchase of their business. While we’re marking this down in the ‘wins’ column, it never hurts to review the game tape. In this final episode, our hosts, Matt Staub and Nasir Pasha, return to the deal almost a year later to reflect…

September 15, 2020

The ink is drying on the signature line and things are looking great for our buyer. After so much hard work, the finish line is in sight and the cheering within ear shot.   Though the landlord is still serving friction, things seem safe to move forward and for now, our buyer will be keeping…

July 31, 2020

Though things are coming along well, the journey would not be interesting if it was purely smooth sailing. After our buyer opens escrow, they are forced to push the closing date back when suddenly a letter from an attorney was received claiming the business, we are buying has a trade mark on the name!  Now…

June 12, 2020

With frustration at an all-time high and professionalism at an all-time low, our friend the Buyer has “had it” with the Seller and quite frankly their lack of knowledge. At present our Buyer is rightfully concerned that the latest misstep from our loose-lipped Seller will threaten not only the entire operation of the businesses but…

May 11, 2020

As we go deeper into the buying process, we start to uncover more challenges from our seller and encounter some of the wrenches they are tossing our way. When we last left off in episode three our team was knee deep in due diligence for our buyer, had already penned and signed the Letter of…

April 4, 2020

One word–interloper! When a new mysterious broker enters the transaction and starts to kick up dust, Nasir and Matt take the reins. The seller signed off on the letter of intent (see episode 2), yet this “business broker” serves only friction and challenges by refusing to send financials, whilst demanding more of a firm commitment…

April 4, 2020

Just as most stories and deals start out, everyone is optimistic, idealistic and full of hope for clear skies. It’s a perfect outlook with a perfect setup for the ups and downs yet to come. Peek further behind the curtain and into the first steps of buying a business: the letter of intent. After the…

April 4, 2020

When a savvy buyer hears opportunity knocking to purchase a prime positioned business, she decides not to go it alone and taps in the professionals to help navigate what could potentially be a fruitful acquisition. “Behind the Buy” is a truly rare and exclusive peak into the actual process, dangers, pitfalls and achievements, that can…

August 7, 2019

GrubHub is subject to two “matters of controversy” that have likely become common knowledge to business owners: “fake” orders and unfriendly microsites.

May 28, 2019

In this podcast episode, Matt and Nasir breakdown the legal issues of the subscription industry’s business on the internet. Resources A good 50-state survey for data breach notifications as of July 2018. California Auto-Renewal Law (July 2018) Privacy Policies Law by State Why Users of Ashley Madison May Not Sue for Data Breach [e210] Ultimate…

March 12, 2019

In recording this episode’s topic on the business buying process, Matt’s metaphor, in comparing the process to getting married probably went too far, but they do resemble one another. Listen to the episode for legal advice on buying a business.

December 3, 2018

Nasir and Matt return to discuss the different options available to companies looking to raise funds through general solicitation and crowdfunding. They discuss the rules associated with the various offerings under SEC regulations and state laws, as well as more informal arrangements. The two also discuss the intriguing story about a couple who raised over…

July 24, 2018

Flight Sim Labs, a software add-on creator for flight simulators, stepped into a PR disaster and possibly some substantial legal issues when it allegedly included a Trojan horse of sorts as malware to combat pirating of its $100 Airbus A320 software. The hidden test.exe file triggered anti-virus software for good reason as it was actually…

April 17, 2018

Attorneys Matt Staub and Nasir Pasha examine Mark Zuckerberg’s congressional hearings about the state of Facebook. The two also discuss Cambridge Analytica and the series of events that led to the congressional hearings, the former and current versions of Facebook’s Terms of Service, and how businesses should be handling data privacy. Full Podcast Transcript NASIR:…

March 10, 2018

The Trump presidency has led to a major increase in ICE immigration enforcement. It’s critical for business owners to both comply with and know their rights when it comes to an ICE audit or raid. Nasir, Matt, and Pasha Law attorney Karen McConville discuss how businesses can prepare for potential ICE action and how to…

February 5, 2018

New years always bring new laws. Effective January 1, 2018, California has made general contractors jointly liable for the unpaid wages, fringe benefits, and other benefit payments of a subcontractor. Nasir and Matt discuss who the new law applies to and how this affects all tiers in the general contractor-subcontractor relationship. Click here to learn…

January 2, 2018

With a seemingly endless amount of new mattress options becoming available, it is unsurprising that the market has become increasingly aggressive. As companies invest in more innovative solutions to get in front of customers, review sites, blogs and YouTube videos have moved to the forefront of how customers are deciding on their mattresses and how…

December 7, 2017

In recent months explosive amounts of high profile allegations of sexual harassment, assault, and varying acts of inappropriate behavior have transcended every sector of our professional world. With a deluge from Hollywood and politics, and the private workforce, accusations have inundated our feeds and mass media. This harassment watershed has not only been felt within…

November 16, 2017

If you are not familiar with the EB-5 program started in 1990 to give green cards to certain qualified investors in the United States, then you may not have been alone a few years ago. Currently, the EB-5 program has since exploded since its inception and now hits its quotas consistently each year. The program…

October 10, 2017

Government requests come in multiple forms. They can come in as requests for client information or even in the form of investigating your company or your employees. Requests for Client Information General Rule to Follow Without understanding the nuances of criminal and constitutional law and having to cite Supreme Court cases, any government requests for…

August 24, 2017

Nasir and Matt suit up to talk about everything pertaining to employee dress codes. They discuss the Federal laws that govern many rules for employers, as well as state specific nuances in California and other states. The two also emphasize the difficulty in identifyingreligious expression in dress and appearance, how gender-related dress codes have evolved…

June 28, 2017

Nasir and Matt discuss the life cycle of a negative online review. They talk about how businesses should properly respond, how to determine if the review is defamatory, the options available to seek removal of the review, how to identify anonymous reviewers, whether businesses can require clients to agree not to write negative reviews, and…

June 7, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Mattbreak down social media marketing withguests Tyler Sickmeyer and Kyle Weberof Fidelitas Development. They first discuss contests and promotionsand talk about where social media promotions can go wrong,when businesses are actually running an illegal lottery, and the importance of a soundterms and conditions. Next, they…

April 3, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Matt go in depth with the subscription box business. They discuss where subscription box companies have gone wrong(4:30), the importance of a specifically tailored terms and conditions(6:30), how to structure return policies (11:45), product liability concerns (14:45),the offensive and defensive side of intellectual property (19:00),…

February 1, 2017

Nasir and Matt discuss the suit against Apple that resultedfrom a car crashed caused by the use of FaceTime while driving. They also discuss howforeseeable use of apps can increase liability for companies. Full Podcast Transcript NASIR: Hi and welcome to Legally Sound Smart Business! I’m Nasir Pasha. MATT: And I’m Matt Staub. Two attorneys…

January 5, 2017

The guys kick in the new year by first discussing Cinnabon’s portrayal of Carrie Fisher as Princess Leia soon after her death, as well as other gaffes involving Prince and David Bowie. They alsotalk about right of publicity claims companies could be held liable for based on using someone’s name or likeness for commercial gain.

December 22, 2016

Nasir and Matt discuss the recent incidentat a Victoria’s Secret store where the store manager kicked out all black women after one black woman was caught shoplifting. They then each present dueling steps businesses should take when employees are accused of harassment.

December 8, 2016

Nasir and Matt return to talk about the different types of clients that may have outstanding invoices and how businesses can convert unpaid bills to getting paid.

November 10, 2016

After a long break, Nasir and Matt are back to discuss a Milwaukee frozen custard stand that is now revising it’s English only policy for employees. The guys also discuss how similar policies could be grounds for discrimination and what employers can do to revise their policies.

October 6, 2016

The guys discuss the new California law that allows actors to request the removal of their date of birth and birthdays on their IMDB page and why they think the law won’t last. They also discuss how age discrimination claims arise for business owner.

September 29, 2016

Nasir and Matt discuss the racial discrimination claims surroundingAirbnb and how it’s handled the situation. They also discuss some practical tips for businesses experiencing similar issues.

September 8, 2016

Nasir and Matt discuss whyAmazon seller accounts are getting suspended and banned without notice and how business owners can rectify this situation through a Corrective Action Plan.

August 25, 2016

Nasir and Matt talk about the accusations surroundingfashion giant Zararipping off the designs of independent artists like Tuesday Bassen and howsmaller companies can battle the industry giants.

August 18, 2016

Nasir and Matt discuss Brave Software’s ad replacing technology that has caught the eye of almost every national newspaper and has a potential copyright infringement claim looming. They also welcome digital marketing expert Matt Michaelree to speak on the specifics of what Brave is attempting to do and whether it has the answers moving forward.

July 28, 2016

Nasir and Matt discuss the sexual harassment lawsuit filed by Gretchen Carlson against Fox CEO Roger Ailes. They also talk aboutthe importance of sexual harassment training and properly handling such allegations in the office.

July 15, 2016

Nasir and Matt talk about the changes at Starbucks that have led to many disgruntled employees and customers.

We represent businesses.
That’s all we do.

Oh, and we love it.

We love our work. We love reviewing that lease for your new location. We thrive on closing that acquisition that nearly fell through. We’re fulfilled when we structure a business to grow, raise capital, and be legally protected.

We focus on developing close relationships with our clients by being like business partners. A partner who provides essential, personalized, proactive legal support.

We do all of this without utilizing the traditional billable hour model. You pay for the value we bring, not the time spent on calls, emails, and meetings.

Our team is made up of attorneys and staff that share these values and we are retained by clients who want the same.

Pasha Law PC operates in the states of California, Illinois, New York, and Texas.

Meet Our Team

Fractional General Counsel Services

Pasha Law Select offers the expertise of a high-end general counsel legal team for every aspect of your business at a fixed monthly rate. Pasha Law Select is deliberately designed to allow our legal team to be proactive, to anticipate, and to be comprehensive in serving our clients. To be great lawyers, we need to know our clients. We can’t know our clients unless we represent a select number of clients in the long-term. This is Pasha Law Select.

Learn More