Uber announced today that it will no longer force plaintiffs to arbitrate their lawsuits against the company for alleged sexual assault, but in other cases will seek to impose arbitration. This includes the prevention of class actions. Above all, the Ueber endeavored to renounce the nine women who had asked Uber for the first time to refrain from arbitration, after submitting a class action lawsuit against the company to settle some of their claims.
These women claim that they were attacked by their drivers and sued the company for, among other things, false advertising. Uber asks a judge to prohibit women from hearing in court the claims that are not explicitly related to alleged sexual assault.
Before today, drivers had to fight all their problems against the company in a closed forum or arbitration court. Today, Uber made an exception for anyone wishing to claim individual sexual assault claims.
Here is the limitation of this flexibility ̵
"While this change will not apply to class action lawsuits, we believe it will affect the vast majority of claims on our platform," said Tony West, Uber Chief Legal Officer, Recode . "We have heard repeatedly from the dozens of interest groups we have talked to, and these few experiences deprive a person of anything more than sexual assault or sexual harassment, and we have heard that the most important thing for us is to give the survivors a feeling
The nine women claim they were misled to believe that Uber would "transport them safely" and that the company is violating unfair competition Law and Consumer Appeals Act – both are class actions. So Uber still tries to convey it. To be clear, the company does not endeavor to convey individual sexual assault-related claims.
The claim reads:
"The plaintiff's 86-page first complaint combines alleged false consumer-class advertising claims with inherently individualized personal injury claims attributed to alleged sexual assaults by independent transport providers who took place during or after the trip Uber seeks to enforce its arbitration agreement with the plaintiffs in relation to unfair advertising campaigns under the Unfair Competition and Consumer Rights Expenses Act … The arbitration agreements reached by the claimants do not require that arbitration to be confidential. " 19659010] If the women decide to pursue all claims, they would have to sue the company individually for their alleged sexual assault in court and pursue the other issues separately such as false advertising in a closed forum.
These women previously wrote an open letter to Uber CEO Dara Khosrowshahi, asking him to waive the arbitration agreement for their claim. This letter was followed by a public request by Susan Fowler, the former Uber engineer and author of a bombastic first-person account of sexism and sexual harassment in the business; An open letter from Senator Richard Blumenthal told Khosrowshahi to do the same.
Uber was not alone in hiring its drivers to settle any problems with the company. Today, a few hours after Uber announced that he was abolishing forced arbitration, Lyft followed suit.
Here is the complete application: