Cert. Sought in Uber Gratuity Charge Class Action Lawsuit

On May 19, the lead plaintiff of an Uber gratuity charge class action lawsuit asked a California federal judge to certify a proposed Class of 1 million members. This Uber class action lawsuit alleges Uber Technologies Inc., the ride share company, tricks consumers into paying a 20 percent gratuity charge for their Uber ride that does not entirely go to their Uber driver.

Lead plaintiff Caren Ehret states that she decided to file her motion for Class certification for this gratuity charge class action lawsuit before the July 16 deadline set by the court because she was concerned the U.S. Supreme Court may decide her Uber class action claims can be tossed if she rejects an offer of complete relief from Uber.

Ehret’s concerns stem from another class action lawsuit currently before the Supreme Court. On May 18, the high court agreed to hear an appeal in the case of Campbell-Ewald Co. v. Gomez, which challenges the Ninth Circuit’s decision to remand a TCPA text spam class action lawsuit. The hearing and subsequent ruling of this appeal could set a new precedent as to whether or not class action claims are rendered moot if an offer of complete relief is on the table.

Ehret claims she is trying to prevent Uber from buying her off in providing complete relief, thus invalidating her gratuity charge class claims. “Plaintiff files this motion out of an abundance of caution to preserve her class claims,” according to Ehret’s court filing. “Class-action plaintiffs can move to certify the class at the same time that they file their complaint. The pendency of that motion protects a putative class from attempts to buy off the named plaintiffs.”

The plaintiff originally filed her Uber gratuity charge class action lawsuit in January 2014, alleging she used Uber’s app to hire an Uber ride in Chicago two years prior in September 2012. During this Uber ride, Ehret claims she was charged a mandatory 20 percent tip in addition to the Uber metered fare, a tip she believed would be received by her driver. However, this Uber class action lawsuit claims Uber keeps part of the gratuity charge for itself as additional profit from the Uber rides.

In August of last year, Uber filed a bid to dismiss the gratuity charge class action lawsuit. A month later, a federal judge dismissed Ehret’s allegations that the ride-share company breached its contract with Uber passengers. However, this same judge allowed her claims that Uber violated California’s Unfair Competition Law and Consumer Legal Remedies Act to proceed in this Uber gratuity charge class action lawsuit.

Plaintiffs are represented by Myron M. Cherry and Jacie C. Zolna of Myron M. Cherry and Associates, Hall Adams III of Law Offices of Hall Adams LLC, and Michael Ram of Ram Olson Cereghino & Kopczynski LLP.

The Uber Gratuity Charge Class Action Lawsuit is Caren Ehret, et al. v. Uber Technologies Inc., Case No. 3:14-cv-00113, in the U.S. District Court for the Northern District of California, San Francisco Division.

UPDATE: On July 25, 2016, a proposed settlement has been reached in the Uber Gratuity Charge class action lawsuit.

UPDATE 2: The Uber gratuity charge class action settlement is now open. Click here to file a claim!