Overreaching: Updates on the class-action lawsuit against Uber in the USA

In the United States, Uber is facing a growing number of lawsuits in which the provider is accused of insufficient protective measures against sexual assaults by drivers. According to court filings, more than 3,180 cases have since been consolidated in a nationwide multidistrict litigation (MDL, class-action procedure), which was initially established in 2023. The plaintiffs argued that the company's business model as well as internal processes had not adequately addressed foreseeable risks.

Allegations about safety management and internal insights

According to various pleadings, Uber is accused of prioritizing rapid growth over safety aspects. According to the plaintiffs, the classification of drivers as independent contractors limited Uber's liability, even though internal data indicated increased risks. In addition, safety features such as certain matching procedures and recording options are said to have been rolled out with delays.

Additionally, warning signs such as complaints, low ratings, or internal risk indicators were not pursued consistently. Investigations are said to refer to sealed records, from which around 400,181 reports of sexual assaults or misconduct emerge between 2017 and 2022.

Uber rejects these accusations. According to the company, more than 1.3 billion US dollars have been invested in safety measures. Regular background checks are also conducted. The company argues that drivers act independently and that criminal acts cannot be attributed to the platform.

Inconsistent results in the first trial – new developments in background checks

In the first nationwide Bellwether trial (pilot process within a large US multidistrict class action), jurors recently awarded a plaintiff 8.5 million US dollars. However, general negligence in safety practices was not established. Originally, 144 million US dollars were sought. The liability arose from an apparent-agency arrangement, in which drivers were classified by the court as representatives of the company, although they legally act independently. In earlier individual proceedings, the results were also varied, for example regarding causality and the underlying theories of liability.

Under the impression of the ongoing class action process and the growing public criticism, Uber has announced further adjustments to its safety checks. So far, background checks for drivers were based on a seven-year look-back period, which did not consider certain offenses after this period. According to the company, this limit is to be lifted or significantly expanded. In the future there will also be a permanent exclusion of persons who have been convicted of violent or sexual offenses.

Additionally, the provider is examining whether other categories of offenses – including harassment or weapons offenses – should be evaluated more strictly and possibly permanently taken into account. It remains open, according to Uber, from what point the tightened rules will apply and to what extent they can be applied retroactively, i.e., to existing drivers. 

Duty to disclose documents and parallel proceedings – Lyft affected as well

In the latest rulings, courts have ordered Lyft to disclose internal driver files that were deemed relevant for the ongoing Uber class action. This decision is intended to clarify whether risk patterns or review processes on both platforms resemble each other and whether hints of recurring conduct could have been detected earlier. According to the case documents, the disclosure obligation includes, among other things, evaluations, internal complaints and measures related to drivers named in the lawsuits.

Moreover, a plaintiff's attorney was sanctioned for allegedly violating a protective order. The courts thus set clear boundaries for handling confidential information and signaled that the discovery phase in the class action complex is being tightly controlled. The sanction is seen as an indication that the court intends to enforce transparency and procedural discipline consistently across the numerous pending cases.