[NAGDU] FW: Uber Service Animal Class Settlement Update
Sherri
flmom2006 at gmail.com
Fri Mar 27 23:20:23 UTC 2020
You are welcome. We all need to act on this.
Sherri
-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Sheila via NAGDU
Sent: Friday, March 27, 2020 6:50 PM
To: Sherri via NAGDU <nagdu at nfbnet.org>
Cc: Sheila <sheila.leigland at gmail.com>
Subject: Re: [NAGDU] FW: Uber Service Animal Class Settlement Update
thank you for posting this. we need to be vigilant so as to protect our
rights to travel freely with our dogs.
On 3/27/2020 2:41 PM, Sherri via NAGDU wrote:
> I am assuming that all of you have seen this message, but passing it
> on just in case.
>
>
>
> Sherri
>
>
>
> From: Timothy Elder [mailto:telder at trelegal.com]
> Sent: Friday, March 27, 2020 3:34 PM
> To: Timothy Elder <telder at trelegal.com>
> Cc: uberserviceanimalaccess at rbgg.com; info at dralegal.org; Yingling,
> Valerie <Vyingling at nfb.org>
> Subject: Uber Service Animal Class Settlement Update
>
>
>
> Dear Uber Riders Accompanied By Service Animals and Interested Parties:
>
>
>
> You are receiving this letter because you have previously communicated
> with us or are a member of the class or an interested party in the
> case of National Federation of the Blind v. Uber Technologies, Inc.,
> 14-cv-04086 NC (N.D. Cal.). The case challenges discrimination
> experienced by riders with service animals who want to use the Uber
> ridesharing service. We are preparing to return to court to address
> ongoing discrimination and need your statement by April 17, 2020, in
support of the effort.
>
> On December 6, 2016, the U.S. District Court for the Northern District
> of California approved a nationwide class action settlement, reflected
> in this
> <https://www.trelegal.com/wp-content/uploads/2016/04/Settlement-Agreem
> ent-FI NAL-Accessible-for-Public1.pdf> Settlement Agreement. Further
> information is available on the National Federation of the Blind's
> <https://www.nfb.org/programs-services/legal-program/uber-and-lyft-sur
> vey/ub
> er-and-lyft-information> rideshare page. In compliance with the
> er-and-lyft-information> settlement
> agreement, the law firms
> <https://dralegal.org/featured/groundbreaking-settlement-end-discrimin
> ation- blind-uber-riders-use-guide-dogs/> Disability Rights Advocates,
> <https://rbgg.com/final-uber-settlement-approval/> Rosen Bien Galvan &
> Grunfeld, LLP, and
> <https://www.trelegal.com/posts/tre-legal-team-and-national-federation
> -of-th
> e-blind-propose-nation-wide-class-action-settlement-with-uber-to-end-d
> iscrim ination-against-passengers-with-service-animals/> TRE Legal
> Practice, the approved Class Counsel, have been monitoring progress
> under the settlement.
> The following is an update on those monitoring efforts and a
> description of how you can help.
>
> During compliance monitoring for the period between February 16, 2017,
> the first date for which Uber reported this data, up through December
> 31, 2018, Uber disclosed that it had received 11,295 rider complaints
> of denials due to service animals and 3,268 reports of non-denial
> service-animal discrimination, all within the United States and
> Washington D.C. The number of such denials per month fluctuated up and
> down, as reflected in this
> <http://www.nfbcal.org/uber-2017-2018-service-animal-denial-reports/#t
> able>
> table and this
> <http://www.nfbcal.org/uber-2017-2018-service-animal-denial-reports/#d
> bm>
> audio and visual line graph.
>
> Based on the information currently available, the overall number of
> such denials did not appear to materially decrease as of December
> 2018, which is in line with what Class Counsel and the NFB have heard
> from some of you based on your individual experiences.
>
> Uber suggests that the number of complaints should be considered in
> the context of its overall increases or decreases in trip volume for
> general ridership. The percentage of all trips that resulted in a
> complaint to Uber are disclosed on this
> <http://www.nfbcal.org/uber-2017-2018-service-animal-denial-reports/#p
> ttsd>
> chart.
>
> Class Counsel and the NFB do not believe that a comparison of total
> general trip volume to reported ride denials is a sufficiently
> reliable measure of settlement effectiveness. Trip volume percentage
> does not account for unreported denials or complaint fatigue over
> time. Instead, Class Counsel proposes that the parties consider a more
> objective comparison of trip cancellation rates for the general
> population of Uber riders and control groups of blind riders who
> travel with service animals and blind riders who do not travel with
> service animals. This additional data would help determine whether the
> settlement has resulted in a statistically significant decrease in
> denials for service animal users relative to the number of rides and
> cancellations for Uber riders as a whole. Uber is refusing to disclose
this data on comparative cancellation rates.
>
> Further data exists from Uber and the National Federation of the
> Blind's national testing program for the time period from January 2019 to
present.
> However, that data is still covered by confidentiality in accordance
> with the settlement terms and court order.
>
> Given the data that is currently available, Class Counsel and the NFB
> proposed that Uber agree to several substantive settlement
> modifications that were meant to materially reduce this apparently
> persistent discrimination. The
> <https://www.trelegal.com/wp-content/uploads/2020/02/MONITORS-REPORT-R
> E-UBER -COMPLIANCE-WITH-SETTLEMENT-AGREEMENT-DURING-YEAR-ONE.pdf>
> Report of the Third Party Monitor for the first year of the settlement
> highlights some of the particular issues that have been discussed
> during monitoring.
>
> Uber has rejected the following commitments that Class Counsel and NFB
> have asked Uber to make through the settlement monitoring and
> alternative dispute resolution procedures:
>
> * Adopt and disclose policies and training materials meant to
> improve consistency of terminations for drivers who knowingly deny
> riders with service animals (including policies on contacting
> witnesses of
> discrimination)
>
> * Translate service animal related driver education materials into
> non-English languages to ensure that drivers with limited English
> proficiency are made aware of their responsibility to transport riders
> with service animals
>
> * Develop additional incentive programs that encourage drivers to
> transport riders with service animals
>
> * Provide greater detail about investigations and reasons for
> decisions on a limited set of complaints as requested by Class Counsel
>
>
>
> The parties have been negotiating various compliance concerns and, in
> some cases, Uber has corrected non-compliance with existing
> obligations and fixed discriminatory policies with respect to the
> shared rides available under the Pool service. But more is clearly
> required to make a meaningful reduction in the magnitude of
> discrimination, such as the reasonable requests above that Uber has
> thus far rejected. Class Counsel, the NFB and the Class
> Representatives have worked within the confines of the settlement
> process to collaborate on solutions. We now have no further recourse but
to go back to court to seek additional relief.
>
> You can help in two important ways. First, continue to report every
> incident of discrimination to Uber to ensure that all discrimination
> is considered as we measure progress; letting denials go unreported
> misrepresents the scope of the problem in the currently available data
> sets. Second, respond to this letter and offer to provide Class
> Counsel with your signed statement by April 17, 2020, if any of the
following apply to you:
>
> * A persistently substantial percentage of your rides result in
> overt discrimination by drivers when you notify them of the presence
> of your service animal
>
> * A significant number of your ride denials occur in sequence or
> across a brief period of time when drivers are made aware of the
> presence of your service animal
>
> * Uber often responds by only warning Drivers after you presented
> Uber staff with compelling evidence of the driver's knowing denial
> because of your service animal
>
> * Uber often lets drivers off with a warning without interviewing
> one or more witnesses whose contact information was provided to Uber
> staff in support of a knowing denial
>
> * Drivers seemed unaware of their legal obligations due to
language
> barriers
>
> * You find it difficult to easily obtain information about a
driver
> who cancels before starting a trip
>
> * You have changed your frequency of submitting service
> animal-related complaints to Uber or experience other frustration with
> the amount of effort needed to submit complaints
>
>
>
> Thank you for your continued efforts to hold Uber accountable for the
> discrimination you face because of your service animals. Class
> Counsel, the NFB and the individual Class Representatives understand
> your frustration as we all work to solve this complex problem. We are
> committed to take all steps needed to advocate for your rights during
> the remainder of the settlement term, which expires in July 2020, and
> then beyond toward a broader set of post-settlement protections for
> your legal right to travel with a service animal. Contact Class
> Counsel to share your statement as
> follows:
>
> * Timothy Elder, TRE Legal Practice,
> <mailto:rideshare at trelegal.com> rideshare at trelegal.com or (415)
> 873-9199
>
> * Michael Nunez, Rosen Bien Galvan & Grunfeld, LLP,
> <mailto:uberserviceanimalaccess at rbgg.com>
> uberserviceanimalaccess at rbgg.com or (415) 433-6830
>
> * Melissa Riess, Disability Rights Advocates,
> <mailto:mriess at dralegal.org> info at dralegal.org or (510) 665-8644
>
> * Valerie Yingling, National Federation of the Blind,
> <mailto:vyingling at nfb.org> vyingling at nfb.org or (410) 659-9314
>
>
>
> Additional Resources:
>
> This linked
> <https://www.trelegal.com/posts/guidelines-for-effective-uber-and-lyft
> -servi ce-animal-complaints/> article gives guidance on how to submit
> effective and accurate complaints to Uber.
>
> Uber's
> <https://www.uber.com/legal/en/document/?name=general-terms-of-use&cou
> ntry=u nited-states&lang=en> terms may be of interest for individuals
> considering arbitration of state law damages claims, including the
> exclusion of procedures in small claims court from the arbitration
> requirement.
>
>
>
>
>
>
>
>
>
> Timothy Elder
> Attorney
> TRE Legal Practice
> 1155 Market Street, Tenth Floor
> San Francisco, CA 94103
> Phone: (415) 873-9199
> Fax: (415) 952-9898
>
>
> E-mail: <mailto:telder at trelegal.com> telder at trelegal.com
> <http://www.trelegal.com/> www.trelegal.com
>
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>
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