Paul Tassin  |  October 11, 2017

Category: Closed Class Actions

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If you received an unwanted text from Uber in the past seven years, you may be eligible to claim benefits under a $20 million text spam class action settlement.

California plaintiffs Jonathan Grindell, Jennifer Reilly, and James Lathrop filed the Uber text message spam class action lawsuit in December 2014. They were joined a month later by plaintiffs Sandeep Pal and Justin Bartolet. In August 2015, plaintiff Maria Vergara filed a second Uber class action lawsuit in an Illinois federal court, raising similar claims.

The plaintiffs allege defendant Uber Technologies Inc. violated federal law by sending automated text messages to persons who had not consented to receive them. Uber allegedly sent out text messages as part of an effort to recruit new drivers.

The plaintiffs say they never consented to receive such texts. Vergara says she never even expressed any interest in driving for Uber. They allegedly continued to receive these texts even after they asked Uber to stop sending them.

The parties agreed to this Uber class action settlement in August 2017. All the plaintiffs refiled their claims together as a single action in August 2017 for the purpose of entering into the current Uber class action settlement.

Under the settlement’s terms, Uber has pledged a $20 million settlement fund that will be distributed among qualifying Class Members on a pro rata basis. The fund will also cover service awards for the class representatives, class counsel’s attorney fees, and the costs of administering the settlement.

Sending unconsented mass texts is restricted by the Telephone Consumer Protection Act. The TCPA prohibits telemarketers from using certain automated dialing equipment and prerecorded announcements unless the person being called has granted the caller prior express written consent to be contacted that way.

Each knowing violation of the TCPA can put a defendant on the hook for $500 to $1,500 in statutory damages.

The TCPA was originally enacted to control communications sent by phone and fax. The Federal Communications Commission, charged with administering the TCPA, has since extended these protections to cover SMS text messaging.

Class Members may submit Uber settlement claims online or by mail. Class Members can exclude themselves from the settlement by submitting a written request by Dec. 15, 2017. Those who want to object to the settlement must do so in writing by Dec. 22, 2017.

Who’s Eligible

There are three settlement Classes:

  • Settlement Class A covers “[a]ll persons or entities within the U.S. who, from December 31, 2010, up to and including August 17, 2017, used or subscribed to a wireless or cellular service and were sent one or more non-emergency text messages, utilizing Twilio Inc.’s system, in connection with Uber’s Refer-a-Friend Program.”
  • Settlement Class B covers “[a]ll persons or entities within the U.S. who, from December 31, 2010, up to and including August 17, 2017, started Uber’s driver application process but did not become an ‘active’ driver in Uber’s system, who used or subscribed to a wireless or cellular service, and to whom Uber sent one or more non-emergency text messages after the user or subscriber requested Uber to discontinue sending text messages.”
  • Settlement Class C covers “[a]ll persons or entities within the U.S. who, from December 31, 2010, up to and including August 17, 2017, were not party to a contract with Uber and/or who did not provide his or her cellular phone number to Uber, and who used or subscribed to a wireless or cellular service to which Uber sent one or more non-emergency text messages.”
Potential Award

Individual Class Members’ payments will be determined in part by the number of timely and valid claims received and the amount of other expenses covered by the settlement fund.

Proof of Purchase

No documentation is requested other than the information on the Claim Form.

Claim Form Deadline

12/15/2017

Case Name

Vergara, et al. v. Uber Technologies Inc., Case No. 1:15-cv-06942, in the U.S. District Court for the Northern District of Illinois

Final Hearing

1/23/2018

UPDATE: On February 26, 2018, the Uber Text Message Spam Class Action Settlement was granted final approval by the court. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On March 26, 2018, an appeal to the Uber TCPA settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: The appeal to the Uber TCPA settlement has been dismissed.  It is not known how quickly settlement payments will be made.  Top Class Actions will let our viewers know as soon as we learn checks are in the mail.

UPDATE 4: On Sept. 1, 2018, Top Class Actions viewers started receiving checks in the mail worth up to $127.24 from the Uber text message class action settlement. Congratulations to everyone who filed a claim and got PAID!

UPDATE 5: On January 1, 2020, TCA viewers started receiving checks in the mail from the Uber TCPA class action settlement worth as much as $21.11. Congratulations to everyone who received a 2nd distribution!

Settlement Website
Claims Administrator

Uber TCPA Settlement Administrator
c/o Epiq Systems Inc.
P.O. Box 5053
Portland, OR 97208-5053
1-800-330-1683

Class Counsel

Hassan A. Zavareei
Andrea R. Gold
Andrew J. Silver
TYCKO & ZAVAREEI LLP

Myles McGuire
Evan M. Myers
Paul T. Geske
MCGUIRE LAW PC

Defense Counsel

Austin V. Schwing
GIBSON DUNN & CRUTCHER LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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127 thoughts onUber Text Message Spam Class Action Settlement

  1. Cheryl says:

    What happens when my crappy mailman doesn’t deliver what they’re supposed to? Mine showed in ID this morning. All I got were ads. Yes I checked thru everything.

    1. AmyTan says:

      It will probably be there by tomorrow….its like 21.11

  2. Kari says:

    $21.11 in IL today

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.