Ortega v. Uber Technologies, Inc

www.ortegaubersettlement.com


Update

The Order Granting Final Approval of Class Action Settlement and Final Judgement was filed on September 18, 2018 in the United States District Court of Eastern District of New York. Settlement Payments were mailed on December 6, 2018 to eligible Settlement Class Members who did not exclude themselves from the settlement and for whom a mailing address was available.

Overview

Plaintiffs Jose Ortega and Joce Martinez (“Plaintiffs”), who provided transportation services arranged using the Uber App, filed a putative class action lawsuit against Defendants, asserting, among other things, wage and hour claims under the New York Labor Law, a common law claim for breach of contract, and a claim for false advertising, on behalf of themselves and other transportation providers in New York State (“drivers”).

Plaintiffs premised their breach of contract claim on the theory that Defendants allegedly (i) inflated the service fee charged to drivers by: including sales tax and Black Car Fund fees “in the fare instead of calculating the fare net of such charges,” allegedly causing drivers to pay an inflated service fee contrary to their agreements with Defendants; (ii) failed to remit taxes and fees, including sales tax and Black Car Fund fees to drivers; and (iii) failed to remit to drivers “the total proceeds of all gratuities” received.

Plaintiffs premised their false advertising claim on the theory that some of Defendants’ advertising materials have been misleading insofar as they allegedly “offer[] guaranteed compensation without disclosing the actual conditions imposed,” and that Defendants allegedly failed to remit “guaranteed payments promised” in the advertisements.

Defendants strenuously deny the allegations in the lawsuit, and maintain that they did not violate any laws with respect to Plaintiff Ortega, Settlement Class Members, or Plaintiff Martinez, whose claims were ordered to individual arbitration.

The Court did not decide which side was right. Both sides agreed to a settlement to resolve the Action, and to avoid further disputes, inconvenience, and expense. The settlement is not to be construed as or deemed an admission of liability, culpability, negligence, or wrongdoing on the part of Defendants.

Defendants do not discourage your participation in the settlement, and will not take any retaliatory action against you for participating or not participating in the settlement.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
INCLUDE THE FOLLOWING:
DO NOTHING If you do nothing, you will automatically participate in the settlement and receive a settlement payment.
EXCLUDE YOURSELF
NO LATER THAN AUGUST 9, 2018
Get no payment. This is the only option that allows you to maintain your claims and, if you wish, to file your own lawsuit against Defendants for the claims released by the settlement.
OBJECT
NO LATER THAN AUGUST 9, 2018
If you choose, you may object to the settlement. The Court may or may not agree with your objection. Objecting to the settlement will not exclude you from the settlement.

Court Documents

Learn more about the Settlement by downloading the documents below.

Class Counsel Contact Information

Jonathan Greenbaum COBURN & GREENBAUM, PLLC 1710 Rhode Island Avenue NW 2nd Floor Washington, D.C. 20036 202.657.4490 Philip M. Hines Marc J. Held Scott B. Richman HELD & HINES LLP 2004 Ralph Ave Brooklyn, N.Y. 11234 718.531.9700 Ortega v. Uber Technologies Inc., Administrator c/o GCG P.O. Box 10563 Dublin, Ohio 43017-726. Toll Free #: (877) 398 – 1634 or Ortegaquestions@epiqglobal.com