Class Action Lawsuit Filed Against Uber Technologies, Inc., d/b/a Uber Eats, For Alleged Violations of The Telephone Consumer Protection Act (“TCPA”)

Kehoe Law Firm, P.C. is making consumers aware that a class action lawsuit was filed on April 10, 2020 against Uber Technologies, Inc., d/b/a Uber Eats (collectively, “Uber”), in United States District Court, Northern District of California.

According to the complaint, “. . . Uber Eats routinely contacts restaurant owners with automatic telephone dialing equipment to provide various advisements. However, due to its large scale of operations, Uber Eats regularly sends prerecorded messages to the cellular telephones of individuals who have no prior relationship with Uber Eats and never provided their cellular phone number to Uber Eats, in violation of the TCPA. In addition, these individuals who receive the phone calls are left with no means to opt of receiving the harassing robocalls.” [Emphasis added.]

Allegedly, “[o]n or around February 2020, Plaintiff began receiving unsolicited robocalls from Defendant [Uber] from various phone numbers to her wireless phone . . . for which Plaintiff provided no consent to call.” The complaint alleges that the “unsolicited robocalls pertain to an Uber Eats account which does not belong to Plaintiff,” as well as that “Plaintiff has never used an Uber vehicle or the Uber Eats service.”

The complaint contained the following examples of unsolicited robocall messages the Plaintiff received from Uber Eats over the past few months:

“Hi, this is Elise calling from Uber Eats. we wanted to let you know that your restaurant is currently unavailable to our customers. Please make sure that your iPad is turned on and you are logged into the Uber Eats app. If you are having issues, please contact our support team. Thanks.”

“Hi there, you have a new Uber Eats order waiting for you. Please accept the order on your Uber Eats tablet. If you are unable to accept the order please contact Uber Eats support. You can also call support to opt out of receiving these calls. Thank you.” [Emphasis added.]

Plaintiff, according to the complaint, “has been unable to opt out of receiving these calls as the support number requires a pin which Plaintiff does not have. Thus, the opt out method provided is useless for individuals, like Plaintiff, who are receiving these calls and who are not account holders.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.