An Uber driver’s account was deactivated. Uber claims it’s because this person was part of a class action. He denies signing a consent form and being part of it. The class action was filed in another state and he never drove over there. Three questions - (1) if this is true, can Uber retaliate based on this. (2) if he never signed a consent form, can he be part of a class action, and (3) what’s his best course of action if he wants to drive for Uber again?

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I’ve gotten 2 drivers driving privileges back on separate occasions 6 months apart.

I sent a letter to Uber’s corporate offices and their designated agents for service of process in NY and CA explaining the situation and requesting reinstatement of their profiles with documentation. I didn’t threaten to sue and wasn’t aggressive. About 2 months later Uber’s Global Head of Litigation emailed me, set up a phone meeting, had my clients sign NDAs and put them back on the website.

It might work, but it’ll take months. Try it. Don’t be aggressive in your letter either.

likeupliftinghelpful

Thanks LS1. I figured it was worth a try. Both of them said if they didn’t get back on the platform, they’d do Lyft instead. After that, uber drivers in multiple states tried contacting me through word of mouth to get their privileges back, but I had to turn them down because I’m not licensed in all those states, and my job at the time preferred to focus on higher paying business litigation. I stopped doing them after those 2 cases, and now I don’t litigate at all anymore.

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(1) - cannot retaliate (2) if it’s a Rule 23 class action (as opposed to an FLSA collective action), it’s an opt out class, ie, he doesn’t need to sign a consent form (3) no “right” answer - maybe contact Uber and explain / contact attorney to draft demand letter?

likehelpful

I do not know the retaliation question off the top of my head. though at minimum it feels like a "retaliation against public policy" situation, if not expressly prohibited. I do know some states/statutes (particularly consumer protection measures) provide for "opt-out" class actions where everyone who falls within the class definition is automatically "enrolled" in the class (bad pun) once it is certified, even if they do not receive individual notice of the class action (e.g., the court authorizes notice by publication, which I cannot stand). Long story short, in such cases a person must opt out to not be included in/bound by that case.

helpfullike

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