O'Connor et al v. Uber Technologies, Inc. et al
ORDER Re 109 Defendant's Corrective Notices. Signed by Judge Edward M. Chen on 6/18/2014. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit). (emcsec, COURT STAFF) (Filed on 6/18/2014)
IMPORTANT NOTICE REGARDING
DISPUTE RESOLUTION WITH UBER
You may recall that, before you were authorized to use the Uber Application, you were
first required to accept a “Software License and Online Services Agreement” and a “Driver
Addendum Related to Uber Services.” Together, these documents are referred to below as the
The Licensing Agreement may have contained an arbitration provision, under which both
you and Uber agreed to resolve disputes that may arise through final and binding arbitration on
an individual basis, and not by way of litigation in state or federal court, and not on any class,
collective, or representative basis.
Some persons have claimed that they may not have fully understood the consequences
of agreeing to the arbitration provision and that the procedure for opting out of the arbitration
provision was too burdensome. This new Licensing Agreement addresses those concerns and
provides further opportunity for you to consider whether you wish to resolve disputes with Uber
through arbitration or not.
This Notice also provides you with additional information about the consequences of
agreeing to arbitration.
As you make your decision, here are some important things for you to consider:
Arbitration does not limit or affect the legal claims you may bring against Uber.
Agreeing to arbitration will only affect where those claims may be brought and
how they will be resolved.
Arbitration is a process of private dispute resolution that does not involve the civil
courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private
arbitrator selected by you and Uber using the process agreed upon in the
arbitration agreement itself. The other rules and procedures for arbitration are
also determined by the parties’ arbitration agreement.
Unless the law requires otherwise, as determined by the Arbitrator based upon
the circumstances presented, you will be required to split the cost of any
arbitration with Uber.
The arbitration agreement being presented to you will require you to resolve any
claim that you may have against Uber on an individual basis unless you choose
to opt out of the arbitration agreement. As set forth in that agreement, you will be
able to opt-out by notifying Uber in writing by U.S. Mail, by any nationally
recognized delivery service (e.g., UPS, Federal Express, etc.), or by electronic
mail sent to email@example.com. You will be precluded from bringing any class,
collective, or representative action against Uber, unless you opt out, and you will
also be precluded from participating in any recovery resulting from any class,
collective, or representative action brought by someone else.
IMPORTANT: THERE ARE NOW, AND MAY BE IN THE FUTURE,
LAWSUITS AGAINST UBER ALLEGING CLASS, COLLECTIVE,
AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF,
INCLUDING BUT NOT LIMITED TO CLAIMS FOR TIPS,
REIMBURSEMENT OF EXPENSES, AND EMPLOYMENT STATUS.
SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME
MONETARY RECOVERY TO YOU. (THESE CASES NOW INCLUDE,
FOR EXAMPLE, LAVITMAN V. UBER TECHNOLOGIES, INC., ET AL.,
CASE NO. 1:13-cv-10172-DJC (DISTRICT OF MASSACHUSETTS)
AND O’CONNOR V. UBER TECHNOLOGIES, INC., ET AL., CASE NO.
CV 13-03826-EMC (NORTHERN DISTRICT OF CALIFORNIA). The
contact information for the plaintiffs' counsel in the O’Connor matter
is as follows: Shannon Liss-Riordan, Lichten & Liss-Riordan, P.C.,
100 Cambridge Street, 20th Floor, Boston, MA 02114, Telephone:
(617) 994-5800, Fax: (617) 994-5801, email: firstname.lastname@example.org).
The mere existence of such class, collective, and/or representative
lawsuits, however, does not mean that such lawsuits will ultimately
succeed. But if you do agree to arbitration with Uber, you are
agreeing in advance that you will not participate in and therefore,
will not seek to recover monetary or other relief under any such
class, collective, and/or representative lawsuit.
However, as discussed above, if you agree to arbitration, you will
not be precluded from bringing your claims against Uber in an
individual arbitration proceeding. If successful on such claims, you
could be awarded money or other relief by an arbitrator (subject to
splitting the cost of arbitration as mentioned above).
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS
YOUR DECISION TO MAKE, ANDYOU SHOULD TAKE CARE TO CONDUCT FURTHER
RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN
ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU
WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
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