Class Action Alleges Uber Double Deducts Service Fee from Rider’s Fare and ‘Surge,’ ‘Boost’ Charge
Last Updated on May 8, 2018
Dulberg v. Uber Technologies, Inc. et al
Filed: March 14, 2018 ◆§ 4:18cv1611
A lawsuit claims that instead of deducting its service fee from only a rider's fare, Uber also takes the fee from applied 'surge' and 'boost' charges.
Uber Technologies, Inc. and Rasier, LLC are facing more legal trouble, as the plaintiff behind a new proposed class action claims the companies effectively double charge customers by misapplying a “Service Fee” during times when “Surge” and/or “Boost” multipliers are applied to a rider’s fare.
Filed in California, the complaint explains that during times of high demand, Uber will apply to a passenger’s fare a separate “Surge” charge, which appears as a separate entry on the rider’s billing and payment statement. Similarly, Uber sometimes will forecast an increased demand and apply a “Boost” charge ahead of time to a rider’s eventual fare for a trip. The lawsuit alleges that instead of deducting its service fee from only a rider’s fare, Uber violates its own terms and conditions by also taking the service fee out of these Surge or Boost charges. Here’s an example from the lawsuit:
“The Fare determined by the Fare Calculation is $11.80. “Surge” is $17.70. According to the Agreement, Uber’s Service Fee should have been 20% of the Fare determined by the Fare Calculation or $11.80 x 0.2 = $2.36. Instead, Uber also took 20% of the Surge or $17.70 x 0.2 = $3.54, for a total
Service Fee of $2.36 + $3.54 = $5.90. But nothing in the Agreement allows Uber to take its Service Fee out of anything except the Fare determined by the Fare Calculation.”
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