“Uber’s answer and motion papers denied the putative class plaintiffs’ claim that Uber was miscalculating its service fee off the gross fare rather than the net after tolls, taxes and ancillary fees- including the Black Car Fund – and therefore were underpaying the drivers. Then 10 days ago, they issued a press release admitting to doing just that. Its that simple.” Scott B. Richman, an attorney with Held & Hines LLP, who represents the drivers.
“By Uber’s own admission, they have breached the service agreement and addendum and now admit to plaintiffs and the putative class members that they were improperly calculating payment to drivers,” the letter said. “It is apparent that Uber has known about these miscalculations for some time and their failure to notify the court or amend their answer to date is striking.” The letter also said the parties had a conference before a magistrate judge on the same day the news reports about Uber’s admission started to come out – May 23 – “and the defendants failed to notify the court or parties of this forthcoming, critical development in this matter.” The drivers’ attorney Scott B. Richman of Held & Hines LLP told Law360 Uber’s recent public admission confirmed what he and his clients alleged more than a year ago – that “Uber has been ripping off its drivers for years.” “Now that they have finally come clean, we hope the Court restores the plaintiffs’ claim and allows them to pursue restitution and other damages,” he said.
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