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This is incorrect, per the complaint: v. In exchange for use of the Uber Software, drivers will be charged a service fee on a per transportation basis calculat

by abduhl 10y ago

This is incorrect, per the complaint: v. In exchange for use of the Uber Software, drivers will be charged a service fee on a per transportation basis calculated as a percentage of the determined fare. This is found under the allegations section of the lawsuit.

deleted 10y ago
[deleted]
basseq 10y ago
Good point! We'd have to dig into the user agreement itself to see what nuances exist there. Based on this complaint alone, I suspect Uber will argue "determined fare" may not mean "fare charged to rider" and that drivers are paid on the actual ("determined") miles and time. Additionally, I find the allegation that Uber created upfront pricing for "the purposes of creating this discrepancy" to be very difficult to prove. Is this intended to highlight the difference between a breach of contract and "malicious fraud"?
- basseq 10y ago
  By the way, here's an article from last summer on the same topic, quoting Uber as saying: “With upfront fares, riders agree to a fare that’s calculated in advance while drivers get paid based on a per-mile, per-minute rate as is normal with uberX,” the spokesman told Fortune. “Because no predictive model is 100% perfect, what riders pay and drivers earn on a trip may differ slightly from time to time.”[1] However, it is confusing, and Uber's own site makes no mention of upfront pricing and says: "Drivers using the partner app are charged an Uber Fee as a percentage of each trip fare." Those two statements are at odds with each other, and both are from official Uber sources. [1] https://www.google.com/amp/amp.timeinc.net/fortune/2016/10/05/uber-upfront-pricing-higher/%3Fsource%3Ddam https://www.google.com/amp/amp.timeinc.net/fortune/2016/10/0... [2] https://www.uber.com/info/how-much-do-drivers-with-uber-make/ https://www.uber.com/info/how-much-do-drivers-with-uber-make...

by abduhl 10y ago

deleted 10y ago

[deleted]

basseq 10y ago

Good point! We'd have to dig into the user agreement itself to see what nuances exist there. Based on this complaint alone, I suspect Uber will argue "determined fare" may not mean "fare charged to rider" and that drivers are paid on the actual ("determined") miles and time. Additionally, I find the allegation that Uber created upfront pricing for "the purposes of creating this discrepancy" to be very difficult to prove. Is this intended to highlight the difference between a breach of contract and "malicious fraud"?

basseq 10y ago
By the way, here's an article from last summer on the same topic, quoting Uber as saying: “With upfront fares, riders agree to a fare that’s calculated in advance while drivers get paid based on a per-mile, per-minute rate as is normal with uberX,” the spokesman told Fortune. “Because no predictive model is 100% perfect, what riders pay and drivers earn on a trip may differ slightly from time to time.”[1] However, it is confusing, and Uber's own site makes no mention of upfront pricing and says: "Drivers using the partner app are charged an Uber Fee as a percentage of each trip fare." Those two statements are at odds with each other, and both are from official Uber sources. [1] https://www.google.com/amp/amp.timeinc.net/fortune/2016/10/05/uber-upfront-pricing-higher/%3Fsource%3Ddam https://www.google.com/amp/amp.timeinc.net/fortune/2016/10/0... [2] https://www.uber.com/info/how-much-do-drivers-with-uber-make/ https://www.uber.com/info/how-much-do-drivers-with-uber-make...