[Nyagdu] NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT

Wed Aug 3 05:13:36 UTC 2016

How will this screen-out people who try to use fake service animals? Is it possible that, some of the denials occurred specifically from others trying to pass-off fake service animals as real ones?
Sent from my iPad

> On Aug 2, 2016, at 22:16, David Andrews via Nyagdu <nyagdu at nfbnet.org> wrote:
> 
> NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT
> 
> ATTENTION: ALL BLIND OR VISUALLY DISABLED INDIVIDUALS WHO USE SERVICE
> ANIMALS WHEN TRAVELING AND WHO HAVE USED, ATTEMPTED TO USE, OR HAVE BEEN
> DETERRED FROM USING TRANSPORTATION SERVICES ARRANGED THROUGH THE UBER RIDER
> APP.
> 
> THE SETTLEMENT DESCRIBED BELOW MAY AFFECT YOUR RIGHTS.
> 
> READ THIS NOTICE AND INSTRUCTIONS CAREFULLY.
> 
> This notice is to inform you about the proposed settlement that would
> resolve the class action lawsuit National Federation of the Blind of
> California, et al. v. Uber Technologies, Inc., Case No. 3:14-cv-4086 (N.D.
> Cal.).  The lawsuit alleges that Uber Technologies, Inc. and its subsidiary
> and affiliate entities (collectively, "Uber"), violated the Americans with
> Disabilities Act, 42 U.S.C. §§ 12101, et seq., by failing to take the
> necessary steps to ensure that transportation providers using the Uber
> mobile software application ("Drivers") do not discriminate against blind or
> visually disabled riders who travel with service animals ("Riders"). Uber
> denies all liability in the case and asserts that its current practices do
> not violate applicable federal, state, and local law.  The settlement, which
> must be approved by the Court, would resolve the lawsuit.
> 
> 
> I.                   Summary of the Proposed Settlement
> 
> 
> Under the settlement, Uber agrees to take additional steps to inform Drivers
> of their obligations to transport all Riders.  Uber will require that new
> and existing Drivers expressly confirm that they understand and agree to
> these obligations, through a pop-up interactive questionnaire in the Driver
> mobile software application and changes to the technology services
> agreement.  In addition, Uber will send quarterly email reminders to
> Drivers.
> 
> Uber will also adopt a new enforcement practice.  If, following a complaint
> from a Rider, Uber determines that a driver knowingly refused to transport a
> Rider because the Rider was traveling with a service animal, Uber will
> terminate that Driver's contract and permanently remove the Driver from the
> Driver platform.  In addition, if Uber receives plausible complaints on more
> than one occasion that a Driver denied service to a Rider because the Rider
> was traveling with a service animal, Uber will terminate the Driver's
> contract and the Driver will be permanently removed from the Driver
> platform.  This second basis for contract termination will apply where Uber
> was unable to determine whether the first denial was a knowing violation.
> 
> Under the settlement, Uber will also enhance its response system for
> complaints that a Driver denied service to a Rider because the Rider was
> traveling with a service animal, and will provide greater transparency to
> Riders regarding what action has been taken in response to a complaint about
> a Driver.  Uber will also limit the circumstances in which a Rider can be
> charged for cleaning issues related to his or her service animal. 
> 
> Additionally, Uber will record each allegation that a Driver is alleged to
> have denied service to a Rider, or otherwise discriminated against a Rider,
> because the Rider was traveling with a service animal, and will report
> aggregated data to Class Counsel.  The National Federation of the Blind and
> its California affiliate will administer a testing program, through which
> blind individuals request and take trips to evaluate the effectiveness of
> the settlement.  A third-party individual will monitor Uber's compliance
> with the settlement as well.
> 
> The settlement also provides that the three named individual plaintiffs who
> served as class representatives will receive payments of $15,000 each in
> return for their release of their individual damage claims.  In addition,
> the National Federation of the Blind will receive three annual payments of
> $75,000 during the term of the settlement, and a fourth payment of $75,000
> if the term of the settlement is extended.  These payments are intended to
> support the Federation's testing program. 
> 
> Finally, Disability Rights Advocates, Rosen, Bien, Galvan & Grunfeld LLP,
> and TRE Legal Practice (collectively, "Class Counsel"), the attorneys who
> represent the class, will have the right to seek attorneys' fees and costs
> for their work on the case.  Class Counsel will file a motion asking the
> Court to award reasonable fees and costs for work on the merits phase of
> this case.   The Court must approve the amount awarded even if the parties
> reach an agreement on the amount.  This motion for fees and costs will be
> available on www.nfb-serviceanimal-settlement.com on September 21, 2016.
> Class Counsel will also be entitled to seek reasonable fees and costs for
> their future work monitoring compliance with the settlement and enforcing
> the agreement.  Uber retains the right to contest the amount of any
> attorneys' fees requested by Class Counsel.
> 
> 
> II.                who is in the class?
> 
> 
> All blind or visually disabled individuals nationwide who travel with the
> assistance of service animals and who have used, attempted to use, or been
> deterred from attempting to use transportation arranged through the Uber
> rider app. 
> 
> 
> III.             The Effect of the Settlement on the Rights of Class Members
> 
> 
> All class members will be bound by the terms of the settlement relating to
> access to transportation services arranged using the Uber app for blind or
> visually disabled persons who use service animals, if the settlement
> agreement is approved by the Court. If the settlement is approved, all class
> members will release and forever discharge all claims for injunctive relief
> under all federal, state, and local laws related to alleged discrimination
> by Uber against blind or visually disabled persons who use service animals
> that arose before the Settlement Agreement becomes effective. Class members,
> other than the named plaintiffs in the lawsuit, are not releasing any claims
> for monetary damages. 
> 
> 
> IV.              Objecting to the Settlement
> 
> 
> You can ask the Court to deny approval of this settlement by filing an
> objection with the Court.  You cannot ask the Court to order a different
> settlement; the Court can only approve or deny this proposed settlement.  If
> the Court denies approval, any settlement changes necessary for approval may
> not be made, and the lawsuit may continue.  If this is what you want to
> happen, you must object.
> 
> If you wish to object to the proposed settlement you must object to the
> proposed settlement in writing.  You may also appear at the fairness hearing
> for final approval of the settlement, either in person or through your own
> attorney.  But if you wish to appear and present your objection orally at
> the fairness hearing, you must first submit a written objection and in your
> written objection you must indicate your intention to appear and be heard at
> the fairness hearing.  If you appear through your own attorney, you are
> responsible for paying that attorney.  All written objections and supporting
> papers must (a) clearly identify the case name and number, National
> Federation of the Blind of California, et al. v. Uber Technologies, Inc., et
> al., Case No. 3:14-cv-4086 (N.D. Cal.), (b) be submitted to the Court either
> by mailing them to the Clerk of the Court for the United States District
> Court for the Northern District of California, 280 South 1st Street, Room
> 2112, San Jose, CA 95113, or by filing them in person at any location of the
> United States District Court for the Northern District of California, and
> (c) be received on or before October 13, 2016.
> 
> 
> V.                 FURTHER INFORMATION
> 
> 
>         This notice summarizes the proposed settlement.  For the precise
> terms and conditions of the settlement, please see the settlement agreement
> available at www.nfb-serviceanimal-settlement.com, contact Class Counsel
> using the information below, access the Court docket in this case through
> the Court's Public Access to Court Electronic Records (PACER) system at
> https://ecf.cand.uscourts.gov, or visit the office of the Clerk of the Court
> for the United States District Court for the Northern District of
> California, 280 South 1st Street, Room 2112, San Jose, CA 95113, between
> 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
> 
>         To obtain a copy of this notice in alternate accessible formats,
> contact Class Counsel using the information below.
> 
> 
> VI.              CONTACT INFORMATION
> 
> 
>         Please do not contact the Court, the Court clerk's office, or
> Defense Counsel with questions about this settlement.  Any questions must be
> directed to Class Counsel at the numbers and addresses below.
> 
> Class Counsel: 
> 
> Laurence Paradis
> 
> Disability Rights Advocates 
> 
> 2001 Center Street, Fourth Floor 
> 
> Berkeley, CA 94704
> 
>            (510) 665-8644
> 
> Timothy Elder, Esq.
> 
> TRE Legal Practice
> 
> 4226 Castanos Street
> 
> Fremont, California  94536
> 
> (410) 415-3493
> 
> Michael Bien
> 
> Rosen Bien Galvan & Grunfeld LLP
> 
> 50 Fremont Street, 19th Floor
> 
> San Francisco, California  94105-2235
> 
> (415) 433-6830
> 
> 
> 
> 
> 
> David Andrews and Long White Cane Harry
> 
> dandrews at visi.com or david.andrews at nfbnet.org
> 
> Twitter:  @dandrews920
> 
> 
> 
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