By Jessy Edwards  |  November 15, 2021

Category: Legal News
uber Disabled Passengers
(Photo Credit: Sundry Photography/Shutterstock)

Uber Wait Fee ADA Lawsuit Overview:

  • Who: The Department of Justice (DOJ) is suing ride-sharing giant Uber.
  • What: The DOJ says Uber has violated the Americans With Disabilities Act (ADA) through charging “wait fees” to passengers with disabilities who spend more than two minutes getting into the car.
  • Where: The lawsuit is pending in a San Francisco federal court.

Uber has been unfairly charging disabled passengers “wait time” fees when drivers have to wait more than two minutes for a passenger to get in the vehicle, a new lawsuit alleges.

The Department of Justice(DOJ) filed the lawsuit against the ride-sharing giant Nov. 10 in a California federal court, accusing Uber of violating the Americans With Disabilities Act (ADA), Sfist reports

The lawsuit alleges Ubers uniformly charges the “wait time” fees without taking into consideration whether the passenger is disabled or not. 

“Uber’s wait time fees take a significant toll on people with disabilities,” acting US Attorney Stephanie M. Hinds said in a statement. 

The DOJ is asking the court to force Uber to change its waiting fee policies and to pay damages.

Uber Wait Time Fees Affect Disabled Passengers Nationwide, Says Lawsuit

The fees were rolled out from 2016 in select cities, and then nationwide. 

Uber told the Associated Press it was “surprised and disappointed” with the lawsuit, as it had been actively engaging with the DOJ on the issue. 

It said its wait fees were never intended to punish riders who were already at the pick-up spot but who needed extra time getting in the vehicle. 

It said it had been refunding wait time fees if passengers with disabilities alerted them that they’d been charged extra. Last week, it said it would refund all wait fees for anyone who could certify they had a disability.  

“We fundamentally disagree that our policies violate the ADA and will keep improving our products to support everyone’s ability to easily move around their communities,” Uber said in a statement.

In 2019, the company defended itself against a class action lawsuit claiming that Uber violated the ADA by failing to make its services accessible to disabled individuals

Meanwhile, in September this year, a judge ruled that Uber competitor Lyft is not legally obliged to provide more vehicles accessible by would-be riders who use motorized wheelchairs in the Bay Area. 

More recently, Uber is facing a class action lawsuit alleging its delivery service Uber Eats illegally overcharges its New York customers on sales tax when using promotions, raking in more than $5 million in additional benefits for itself at the customer’s expense.

Do you think Uber has done enough to ensure passengers with disabilities are not charged excess fees? Let us know in the comments. 


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One thought on Uber Charges Illegal Wait Fees To Disabled Passengers Who Need More Than 2 Mins To Get In Says DOJ Lawsuit

  1. KIMBERLY L DEROSSETT says:

    I do not think Uber has done enough to ensure that passengers with disabilities are not charged the excess wait time fee. By asking the passenger to prove certification of a disability, they are further discriminating and causing the disabled person additional inconvenience by having to call in for the fees to be removed. Perhaps it would be better all-the-way-around if the driver who waited excessively would simply ask the passenger, “do you have a disability?” If the passenger does not have a disability, they will be taken aback; and if the passenger does have a disability they would say that yes, they do have a disability. Nothing further should be required of the disabled person, thereby upholding the HIPPA.

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