US court merges 1,600 sexual assault cases against Uber into one lawsuit

• A new class action lawsuit accuses Uber of failing to protect riders from sexual assault by drivers, with over 1,600 cases consolidated into one lawsuit. Passengers claim incidents happened across 29 states.
• The Ninth Circuit Court of Appeals ruled against Uber’s objection. The court allowed the lawsuit to move forward despite the company’s terms of service that prevent mass lawsuits.
• Uber’s latest safety report shows a decline in reported sexual assault cases, with over 2,700 incidents between 2021 and 2022.

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A new class action lawsuit is accusing Uber of failing to protect its passengers from sexual assault by drivers. The lawsuit, which involves a growing number of cases from passengers across at least 29 states, alleges incidents of rape, groping and indecent exposure by Uber drivers.

Thousands of cases consolidated

More than 1,600 individual cases have been merged into one and a San Francisco judge will now hear the case. Passengers claim they were assaulted while using the Uber app.

The Ninth Circuit Court of Appeals ruled Monday, March 10, that the case can move forward despite Uber’s objections. Uber argued that a clause in its terms of service, which riders agree to when using the app, prevents them from joining mass lawsuits against the company. However, the court ruled Uber’s agreements did not outweigh federal law.

In its decision, the court emphasized no U.S. judge has ruled in this manner in the last 50 years and that Uber failed to convince the judges why a new precedent should be set.

Court documents reveal plaintiffs in the lawsuit claim they were charged rider safety fees, but their drivers were not given full background checks. The filings allege sex offenders could drive for Uber and, in some instances, Uber did not report incidents of sexual violence.

Uber’s safety measures

On Uber’s website, the company states all drivers undergo background checks before their first trip, including checks for impaired driving and violent offenses. The company also said drivers must pass yearly checks to continue using the platform.

The website further clarifies convictions for murder and sexual assault disqualify individuals from driving for Uber.

Decline in sexual assault instances

In its latest safety report, Uber cited more than 2,700 cases of sexual assault between 2021 and 2022. This marks a decline from the previous year, when there were nearly 4,000 cases. From 2017 to 2018, there were almost 6,000 reported incidents.

According to the report, 68% of the incidents involved drivers as the perpetrators, while 31% saw passengers as the aggressor.

In a separate ruling this week, the court established rules for how Uber must handle confidential documents related to the case. Uber must now provide a privilege log and allow plaintiffs to challenge any withheld documents. This ruling ensures plaintiffs can access key evidence in time for upcoming depositions.