ACTIS LAW GROUP is investigating a a Canada-wide class action lawsuit against Uber on behalf of passengers who have been sexually assaulted, assaulted, battered, raped, kidnapped, forcibly confined, stalked, harassed, otherwise attacked or subjected to other sexual misconduct by an Uber driver with whom they were paired through the Uber app.
The class action is based on allegations that as early as 2014, Uber became aware that Uber drivers were physically and/or sexually assaulting and raping female passengers. However, Uber has failed to implement meaningful safety measures that would help prevent, or at least mitigate, these crimes from occurring, including:
• Using background checks that require applicant drivers to submit their fingerprints and running it against against all available public databases, such as RCMP records. Uber does not invest in continuous monitoring of its drivers and is not immediately alerted when one of its drivers is implicated in criminal activity;
• The decision not to interview drivers or train drivers to ensure that Uber’s drivers understand their responsibilities and what is appropriate and inappropriate when interacting with passengers;
• Uber’s policy that if it learns from an Uber rider that she has been sexually assaulted, Uber will not report that sexual assault to law enforcement;
• Uber does not require video monitoring of its drivers that cannot be turned off, nor does it provide emergency notification to law enforcement when a driver drastically veers off course from the passenger’s destination, abruptly cancels the ride, or ends the ride at the intended destination but GPS data indicates that the passenger remains in the car for an extended period of time;
• Failing to provide an option on the Uber app for female riders to choose to be driven by female drivers;
• Failing adequately train its drivers on issues of sexual assault, sexual relationships, sexually inappropriate behaviour, sensitivity, and customer relations.
In its First U.S. Safety Report, Uber received 5,981 reports of sexual assault in 2017 and 2018. Of these, there were 464 reports of rape and 19 deaths caused by physical assault.
In its Second U.S. Safety Report, Uber received 3,824 reports of the five most severe categories of sexual assault, ranging from “non-consensual kissing of a non-sexual body part” to “non-consensual sexual penetration”, or rape, in 2019 and 2020. Of these, there were 141 reports of rape and 20 deaths caused by physical assault.
Following Uber’s first report, the California Public Utilities Commission fined Uber $59 million for failing to turn over additional data on sexual assaults and harassment incidents on its platform. The California regulator later drastically reduced the fine as part of a settlement agreement approved in December 2021, with Uber agreeing to pay $9 million for safety-related initiatives.
In addition, Uber actively markets itself as a safe company that provides safe rides. Both before and after 2014, Uber actively and aggressively marketed the supposed safety of its transportation services. These efforts continue today.
If you or someone you know has been sexually or physically assaulted by an Uber driver and would like more information about potential compensation or to be kept advised of the status of the Uber Sexual Assault Canadian Class Action Lawsuit or any resulting compensation from this lawsuit in Quebec, or elsewhere in Canada, please provide your contact information to our law firm by using the form below.