Class Action Lawsuit Alleges Uber Charges Fraudulent Airport Fees

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Uber Technologies Inc. has been hit with a class action lawsuit alleging the ride sharing service fraudulently charged riders an airport fee several months before the San Francisco International Airport actually implemented the fee.

The California Public Utilities Commission categorizes Uber and other ride sharing services as a “transportation network company,” which is a different category than licensed taxi services, the Uber class action lawsuit explains.

Vamsi Tadepalli of San Francisco filed the Uber class action lawsuit last week, alleging he was charged a $4 fee when he took a ride to the San Francisco International Airport (SFO) in July. According to the airport fee lawsuit, Uber told Tadepalli that the $4 would reimburse the driver for fees imposed on transportation network companies by the airport.

However, the San Francisco airport did not announce that it would begin charging drivers of Uber, Lyft, Sidecar and other transportation network companies the fee until November, the Uber class action lawsuit alleges. Further, the class action lawsuit alleges the proposed airport fee is actually only $3.85, meaning Uber would be collecting a surcharge of 15 cents per ride. It is currently unclear whether the San Francisco airport has implemented the fee, or when it intends to do so.

“Uber has imposed the fictitious ‘SFO Airport Fee Toll’ upon tens of thousands of passengers and continues to do so,” the Uber airport fee class action lawsuit says. “Although, SFO announced that in the future it will charge Uber $3.85 to pick up and drop off passengers – Uber’s $4.00 SFO Airport Fee Toll will be excessive and result in customers paying more than they should pay under the circumstances.”

According to the Uber airport fee class action lawsuit, “Uber engages in a systematic scheme by imposing and collecting the SFO Airport Fee Toll from unsuspecting consumers using false pretenses.” Tadepalli alleges that he would not have paid the airport fee if he had known it was not actually reimbursing the driver for charges imposed by the airport.

By filing the Uber airport fee class action lawsuit, Tadepalli seeks to represent a Class of all California residents who, since June 2010, were charged a $4 SFO Airport Fee Toll even though SFO did not actually charge the Uber driver any fee, toll or surcharge for the trip.

Tadepalli accuses Uber of unfair business practices, breach of contract, breach of the duty of good faith and fair dealing, unjust enrichment, fraudulent concealment, conversion and other charges. The Uber class action lawsuit seeks an order for an accounting, imposition of a constructive trust, restitution and injunctive relief, in addition to compensatory damages, statutory damages, attorneys’ fees and other costs.

Tadepalli is represented by Todd M. Schneider of Schneider Wallace Cottrell Konecky Wotkyns LLP; John Roddy and Elizabeth Ryan of Bailey & Glassner LLP; and Pedro Jaile of Jaile & Trifilo LLC.

The Uber Airport Fee Class Action Lawsuit is Vamsi Tadepalli, et al. v. Uber Technologies Inc., Case No. CGC-14-543032, in the Superior Court of California for the County of San Francisco.

UPDATE: According to court documents filed on Nov. 20, 2015, Uber has agreed to settle the airport fee class action lawsuit.