Thursday, November 11, 2021

US Justice Dept. sues Uber for over charging customers with disabilities

The Justice Department on Wednesday sued Uber over allegations of charging passengers with disabilities for taking too long to enter vehicles. 
File Photo by John Angelillo/UPI | License Photo

Nov. 11 (UPI) -- The Justice Department has filed a lawsuit against ride-share company Uber, accusing it of overcharging customers with disabilities.

The complaint filed Wednesday in the U.S. District Court for the Northern District of California says the company's practice of charging a wait time fee that kicks in two minutes after an Uber driver arrives at the pickup location and stops when the trip begins discriminates against those with disabilities as they often require more than two minutes to enter the vehicle.

The practice, according to the lawsuit, has been active since at least 2016, and violates the Americans with Disabilities Act, which prohibits discrimination by private companies.

"Many passengers with disabilities require more than two minutes to board or load into a vehicle for various reasons, including because they may use mobility aids and devices such as wheelchairs and walkers that need to be broken down and stored in the vehicles or because they simply need additional time to board the vehicle," it said, adding that they are charged regardless of the reason for the wait time.

The lawsuit points to a 52-year-old woman who suffers from quadriplegia due to a spinal cord injury sustained in 2012.

This woman, identified as Passenger A in the court document, uses a manual wheelchair, and starting in May of last year required an Uber for 10 trips a week to and from her residence and a rehabilitation center.

In August of that year, she noticed she was being charged daily wait time fees despite taking much effort to lessen the wait time of her Uber vehicle. When she learned of the wait time fees she requested a refund but was informed they were automatic and the company couldn't do anything to prevent them from incurring.

"Uber's refusal to refund her money or to change its wait time fee policy makes Passenger A feel like a second-class citizen," the complaint states.

The lawsuit seeks relief from the court including ordering Uber to end its discrimination of those with disabilities as well as to modify its wait time fee policy to comply with ADA, train its drivers on ADA and pay monetary damages to those impacted and a civil penalty.

"Uber's wait time fees take a significant toll on people with disabilities," Acting U.S. Attorney Stephanie Hinds for the Northern District of California said in a statement. "Passengers with disabilities who need additional boarding time are entitled to access ride-sharing services without discrimination."

The lawsuit states that upon request Uber has refunded wait time charges to some passengers with disabilities while also denying the requests of others.

In a statement emailed to CNN, Uber spokesman Noah Edwardson said it is the company's policy to refund those charges when alerted to them and following a change made last week any rider certified they are disabled will have the fees automatically waived.

"Wait time fees are charged to all riders to compensate drivers after two minutes of waiting, but were never intended for riders who are ready at their designated pickup location but need more time to get into the car," he said.

"We recognize that many riders with disabilities depend on Uber for their transportation needs, which is why we had been in active discussions with the DOJH about how to address any concerns or confusion before this surprising and disappointing lawsuit."

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