settlement agreement 3:21-cv-08735-wha 1 2 3 4 5 6 7 8 9 10 11 12

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA

KRISTEN CLARKE, Assistant Attorney General

REBECCA B. BOND, Chief

KEVIN J. KIJEWSKI, Deputy Chief

CHERYL ROST, Trial Attorney (NJBN 020982011)

MATTHEW FAIELLA, Trial Attorney (NYRN 4437711)

DAVID W. KNIGHT, Trial Attorney (MDAN 0412140410)

MEGAN E. SCHULLER, Trial Attorney (CABN 281468)

U.S. Department of Justice

950 Pennsylvania Ave., NW- 4CON

Washington, DC 20530

Telephone: (202) 616-5311

Fax: (202) 307-1197

[email protected]

STEPHANIE M. HINDS (CABN 154284)

United States Attorney

MICHELLE LO (NYRN 4325163)

Chief, Civil Division

DAVID M. DEVITO (CABN 243695)

Assistant United States Attorney

450 Golden Gate Avenue

San Francisco, California 94102-3495

Telephone: (415) 436-7332

Fax: (415) 436-6748

[email protected]

Attorneys for United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

UBER TECHNOLOGIES, INC.

Defendant.

CASE NO. 3:21-CV-08735-WHA

SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES AND UBER

TECHNOLOGIES, INC.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 0

I. INTRODUCTION

1. This Settlement Agreement (the “Agreement”) is made and entered into by and among the

United States of America and Uber Technologies, Inc. (“Uber”) (collectively, the “Parties”).

2. There is now pending in the United States District Court for the Northern District of

California a civil action styled United States of America v. Uber Technologies, Inc., No.

3:21-cv-08735-WHA (N.D. Cal.) (the “Action”).

3. The United States and Uber agree that it is in the Parties’ best interest, and the United States

believes that it is in the public interest, to resolve the Action on mutually agreeable terms.

4. It is expressly understood and agreed by the Parties that this Agreement represents a

settlement and compromise of disputed claims, that factual and legal issues remain in

dispute, and that the Court has made no final determination in the Action.

5. The Parties voluntarily enter into this Agreement, as set forth below.

II. LEGAL STANDARDS AND THE UNITED STATES’ FACTUAL ALLEGATIONS

6. Title III of the Americans with Disabilities Act (ADA) provides that “[n]o individual shall be

discriminated against on the basis of disability in the full and equal enjoyment of specified

public transportation services provided by a private entity that is primarily engaged in the

business of transporting people and whose operations affect commerce.” 42 U.S.C.

§ 12184(a); 49 C.F.R. § 37.5; see also 42 U.S.C. § 12181(10) (defining “specified public

transportation”).

7. These private entities must ensure that adequate time is provided to allow individuals with

disabilities to board or disembark from the vehicle. 49 C.F.R. § 37.167(i); see also 42 U.S.C.

§ 12184(a).

8. These private entities that provide taxi services must not discriminate against individuals

with disabilities by charging higher fares or fees for carrying them and their equipment. 49

C.F.R. § 37.29(c). “For purposes of this section, other transportation services that involve

calling for a car and a driver to take one places … are regarded as taxi services.” 49 C.F.R.

pt. 37, app. D § 37.29; see also 42 U.S.C. § 12184(a).

9. These private entities must make reasonable modifications to policies, practices, and

procedures when such modifications are necessary to afford goods, services, facilities,

privileges, advantages, or accommodations to individuals with disabilities. 42 U.S.C.

§ 12184(b)(2)(A); 49 C.F.R. § 37.5(f).

10. In the Action, the United States alleges that Uber is a private entity that is primarily engaged

in the business of transporting people and whose operations affect commerce, and that it

provides specified public transportation services as that term is defined in the ADA, and so is

subject to the requirements of Title III of the ADA and its implementing regulations. The

United States further alleges that Uber violated the ADA’s statutory and regulatory

provisions by charging a wait time fee on rides where a rider with a disability needed more

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 1

than two minutes to board an Uber vehicle because of disability. The United States also

alleges that Uber’s actions amount to a pattern or practice of discrimination and that the

alleged discrimination against a person or group of persons raises an issue of general public

importance. See 42 U.S.C. § 12188(b)(1)(B).

11. Uber denies that it is subject to the provisions of the ADA governing entities primarily

engaged in the business of transporting people, denies that it is such an entity, denies that it

provides specified public transportation as that term is defined in the ADA, denies that it is

an operator of a demand-responsive transportation service within the meaning of the ADA,

and denies that it provides taxi services. Uber further denies that it has discriminated against

individuals who have filed complaints with the U.S. Department of Justice or other

individuals who allege that they were subject to discrimination, denies that it has violated any

federal, state, or other laws, and denies that it has violated the letter or spirit of the ADA or

its regulations in any way, related to wait time fees or otherwise. Uber asserts that drivers on

the Uber platform are independent third parties and not Uber employees, and that drivers’

vehicles are not “Uber vehicles.” By entering into this Agreement, Uber does not admit and

specifically denies any wrongdoing, liability, or fault.

III. DEFINITIONS

12. DOJ Complainants. “DOJ Complainants” is defined to mean individuals who communicated

with the U.S. Department of Justice (DOJ) regarding Uber’s wait time fees prior to the

Effective Date and whom the United States identifies as eligible to share in the payments

described in Paragraphs 40 and 43.

13. Effective Date. “Effective Date” is defined to mean the date of the last signature on this

Agreement.

14. Qualified Settlement Fund. “Qualified Settlement Fund” is defined to have the meaning set

forth in United States Treasury Reg. § 1.468B-1, to the extent applicable to the terms of this

Agreement.

15. Uber Cash. “Uber Cash” is defined to mean a payment method within the Uber app that can

be used to make purchases on the Uber and Uber Eats apps, having a $1.00 Uber Cash to

$1.00 U.S. Dollar equivalent value of U.S. currency.

16. Uber Complainants. “Uber Complainants” is defined to mean the 1,159 persons, excluding

any persons also identified as DOJ Complainants, whom Uber has previously identified to

the United States as having communicated with Uber about incurring a wait time fee at the

start of a trip and indicating that a disability contributed to their inability to board a vehicle

within two minutes and the wait time fee being charged.

17. Wait Waiver Accounts. “Wait Waiver Accounts” is defined to mean the accounts of

approximately 65,000 users of Uber apps who, as of May 12, 2022, had self-certified through

the Waiver Program, but excluding the accounts of all DOJ Complainants and all Uber

Complainants, even if those riders are part of the Waiver Program.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 2

18. Waiver Program. “Waiver Program” is defined to mean the program initiated by Uber on or

about November 8, 2021, under which individuals with active rider accounts on the Uber app

can self-certify that they, or someone with whom they travel frequently, have a disability

within the meaning of the ADA (42 U.S.C. § 12102 and 49 C.F.R. § 37.3), and that the

disability impacts the individual’s or their companion’s ability to board a vehicle at the start

of a trip before a wait time fee starts accruing, and so obtain a prospective waiver of all

future wait time fees for the account.

19. Web Accessible. “Web Accessible” is defined to mean conforming with the Web Content

Accessibility Guidelines 2.1, Level AA (June 5, 2018), published by the World Wide Web

Consortium, available at www.w3.org/TR/WCAG/ (“WCAG 2.1 AA”). As used in this

Agreement, WCAG 2.1 AA incorporates the Level A and Level AA Success Criteria.

IV. RELEASE

20. Except for the obligations and rights created by the Agreement, the United States agrees to

release and forever discharge Uber, and its officials, employees, agents, subsidiaries,

predecessors, successors, assigns, and administrators, of and from any legal and equitable

claims, actions, causes of action, suits, controversies, damages, injunctions, penalties, and

demands under Title III of the ADA arising, before the Effective Date, out of factual

allegations about Uber’s wait time fees set forth in Paragraphs 19 through 57 of the United

States’ Complaint in the Action.

21. Within five days of the Effective Date, the Parties will file a joint stipulation for dismissal

and proposed order for dismissal of the Action with prejudice, pursuant to Fed. R. Civ. P.

41(a), subject to reinstatement upon the United States’ motion within two years of the

Effective Date for the purpose of resolving a claim that Uber breached the Agreement. To

the extent the United States complies with the notice and good-faith dispute resolution

provisions of Paragraph 77, and subsequently makes a claim of breach within two years of

the Effective Date, Uber agrees not to contest the United States’ ability to reinstate the

Action to resolve that claim of breach, provided that the proposed reinstatement is limited to

the claim for breach of the Agreement that was the subject of the United States’ notice and

good-faith dispute resolution. Uber reserves all defenses to contest the claim of breach on

the merits.

22. Consistent with Paragraph 9 of the Northern District of California’s General Order 56 and

Paragraph 21 of this Agreement, the joint stipulation and proposed order for dismissal will

specify that this Court retains continuing and exclusive jurisdiction to enforce the terms of

this Agreement for two years after the Effective Date and will include this Agreement as an

Exhibit. The joint stipulation and proposed order also will specify that each Party bears its

own costs and fees.

23. In exchange for the release described in Paragraph 20, and conditioned on its denial of

liability in Paragraph 11, Uber agrees to take the actions and provide the monetary and

nonmonetary consideration specified below.

24. The Parties agree and acknowledge that this consideration by both Parties is adequate and

sufficient.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 3

V. ACTIONS UBER WILL TAKE

25. Uber and its affiliates will continue to prohibit discrimination against riders based on

disability.

26. Uber shall maintain the Waiver Program for as long as it charges riders a wait time fee at the

start of a trip that may result in charges to persons with disabilities who need more time to

board due to their disability. If Uber ceases to charge such a fee, Uber may at its sole

discretion elect to modify or eliminate the Waiver Program.

27. Except as provided in Paragraph 26, Uber will not make any material modification to the

Waiver Program without giving the United States 30 days’ notice and an opportunity to

object to such modifications. Uber and the United States agree to work in good faith to

address any objection the United States might raise.

28. For as long as the Waiver Program remains in effect:

a. Wait time fee waivers may be subject to verification and/or audit by Uber. Any

verification requests by Uber must be reasonable and narrowly tailored. They must

also be made in plain language and Web Accessible. Verification requests shall be

directed towards asking the account holder to substantiate that they or their frequent

companion have a disability and how that disability affects their ability to locate and

board a driver’s vehicle. Uber shall not require an account holder to disclose a

specific medical diagnosis, provide medical documentation, or sign a medical release,

but may require a description of the general nature of a rider’s disability. All requests

made pursuant to this subparagraph will be made and reviewed by Uber personnel

with appropriate training or knowledge of the ADA.

b. Uber reserves the right to, within reason, deny a waiver request or remove the wait

time fee waiver indication from a rider’s account either: (i) when a rider informs

Uber, during or after submission of a self-certification, that they or their companion

do not in fact or no longer have a disability; or (ii) when, following a request for

substantiation as described in Paragraph 28(a), Uber determines based on objective

evidence that a rider does not meet the eligibility requirements for a self-certification.

c. Uber will continue to make a description of the Waiver Program available within the

Uber app, on Uber’s U.S. website, and as part of an onboarding email for new riders

in the United States in substantially the same form as that description appears on the

Effective Date. Such descriptions shall be in plain language and Web Accessible.

d. Within 90 days of the Effective Date, Uber will provide a mandatory training to all

current members of Uber’s Accessibility and Disability Team describing the Waiver

Program and refund policy, instructing members of the Accessibility and Disability

Team on how to assist riders in obtaining a refund and opting into the Waiver

Program, and on the requirements and limitations for verification requests. Uber will

also provide this training during onboarding or orientation of all new members of the

Accessibility and Disability Team during the term of this Agreement. Uber customer

support representatives who regularly respond to rider complaints will be trained to

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 4

route complaints related to disabilities or the Waiver Program to the Accessibility and

Disability Team. The specific form and content of any such training shall be left to

Uber’s sole discretion. Upon request, Uber will provide counsel for the United States

with a description, by job title, of the personnel who have received the training

required by this Paragraph.

e. Uber will continue to make available a U.S. Help Center node through which riders

can opt into the Waiver Program in substantially the same form as the node appears

on the Effective Date.

f. Uber will include a prominent notice of the Waiver Program on Uber’s U.S. website

on the “Accessibility” page (https://www.uber.com/us/en/about/accessibility/), along

with a link to the U.S. Help Center node through which riders can opt into the Waiver

Program. Such notice shall be in plain language and must be Web Accessible.

g. Uber will not share information regarding whether a rider’s account is exempt from

wait time fees with drivers and will not make such information visible to drivers on

the Uber driver app.

29. For six months from the Effective Date, Uber will maintain its campaign to notify riders of

the Waiver Program, consisting of two notices that are in plain language and Web Accessible

inside the Uber rider app, each providing one-click access to the self-certification page for

the Waiver Program: (1) one notice that is prominently posted when the rider requests a trip

and the driver is on their way, and (2) another notice in the Uber rider app in the location

where Uber frequently posts other messages to riders (the “Uber hub”) that will remain

available in the Uber hub for 180 days.

30. Uber will ensure that the Uber app provides riders with disabilities a Web Accessible means

to request a refund of wait time fees assessed at the start of a trip. Uber will continue to have

a policy of granting such refund requests where the rider requests a refund within 30 days of

the imposition of the wait time fee and indicates that they needed extra time due to a

disability.

31. Upon request and in any event no more frequently than every 120 days after the Effective

Date until two years after the Effective Date, Uber will conduct a reasonable search for and

provide to counsel for the United States: (1) any written complaints from riders indicating

that they completed the certification to participate in the Waiver Program but are still being

charged wait time fees, if any such complaints exist and can be reasonably located;

(2) complaints from riders indicating that they requested a refund of a wait time fee within 30

days of incurring that fee and noted that the fee or their complaint was related to a disability,

but did not receive a refund, if any such complaints exist and can be reasonably located; (3)

the number of requests for verification to participate in the Waiver Program that Uber has

made under Paragraph 28(a) of the Agreement, if any exist; (4) the number of requests for

wait waivers that Uber has denied based on a request for verification to participate in the

Waiver Program made under Paragraph 28(a) of the Agreement, if any exist; and (5) all

complaints related to requests for verification to participate in the Waiver Program made

under Paragraph 28(a) of the Agreement, if any such complaints exist and can be reasonably

located.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 5

VI. THE FUND ADMINISTRATOR

32. Within 28 days of the Effective Date, Uber will enter into a contract to retain Rust

Consulting as the Fund Administrator (“Administrator”). Uber affirms that the Administrator

is an independent third-party, not affiliated with Uber. Uber will bear all costs associated

with contracting and paying for the Administrator, and Uber’s contract with the

Administrator will require that the Administrator comply with the provisions of this

Agreement as applicable to the Administrator and with all confidentiality and privacy

restrictions applicable to the Parties in this matter, including the Protective Order entered in

this Action (ECF Nos. 40-41). Uber’s contract with the Administrator will require the

Administrator to work cooperatively with the Parties in the conduct of the Administrator’s

activities, including providing all information required under this Agreement to the

Parties. All information and data provided to the Administrator pursuant to this Agreement

shall be used by the Parties and the Administrator only for the purposes of implementing this

Agreement. Uber’s payment of any costs for the Administrator shall be deemed payments to

the Uber Complainant Payment Account for purposes of the Qualified Settlement Fund.

33. The Administrator will establish cost-free and accessible means for DOJ Complainants, Uber

Complainants, and Wait Waiver Accounts to contact the Administrator and obtain

information about the Agreement and their potential entitlement to relief, including through

email, a toll-free number (and accompanying TTY text telephone number), and a Web

Accessible fund-specific website (“Fund Website”). At least 30 days prior to making the

Fund Website available to the public, the United States will be given access to the Fund

Website to check whether it is Web Accessible. Uber and the United States agree to work in

good faith to address any accessibility issues the United States identifies before Uber makes

the Fund Website available to the public under this Agreement.

34. The Administrator will confer with the Parties and obtain their approval of any form written

communications, other than the Exhibits to this Agreement, to be sent to the DOJ

Complainants, Uber Complainants, or Wait Waiver Account holders, as well as any call

scripts or automated phone messages.

VII. PAYMENTS TO DOJ COMPLAINANTS

35. Within 28 days of entering into a contract with the Administrator, Uber shall deposit with the

Administrator a total of $500,000 to compensate DOJ Complainants (the “DOJ Complainant

Payment Account”). Within 7 days of depositing the money in the DOJ Complainant

Payment Account, Uber will submit proof to the United States that the DOJ Complainant

Payment Account has been established and the required sum deposited with the

Administrator. Uber will bear all costs of establishing the DOJ Complainant Payment

Account, maintaining it, and issuing payments from it.

36. The monies in the DOJ Complainant Payment Account at all times shall be deemed a

Qualified Settlement Fund.

37. The United States shall, in its sole discretion, decide what portion of the DOJ Complainant

Payment Account to distribute to each of the DOJ Complainants.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 6

38. Within 60 days of the Effective Date, subject to the Protective Order entered in this Action,

the United States shall identify to Uber and the Administrator all DOJ Complainants,

providing their first and last name and the email address and phone number used to establish

their rider accounts (if known), along with a valid mailing address, and any other available

contact information known or reasonably available to the United States, as well as the

amount of money to be distributed to each DOJ Complainant from the DOJ Complainant

Payment Account.

39. Within 10 days after the Administrator receives the names and contact information for the

DOJ Complainants from the United States (on the “DOJ Complainant Notice Date”), the

Administrator shall send the Release (attached here as Exhibit D), the DOJ Complainant

Notice (attached here as Exhibit A), and an IRS Form W-9 via first-class, postage-prepaid

U.S. mail and via electronic mail, to each DOJ Complainant. The Release, DOJ Complainant

Notice, and IRS Form W-9 sent by email must be Web Accessible.

40. Within 14 days of and subject to receipt of a DOJ Complainant’s signed Release and

completed IRS Form W-9, the Administrator shall mail such DOJ Complainant’s payment in

the form of a check sent via first class, postage-prepaid U.S. mail to each DOJ Complainant

at their identified address.

41. At 75 days after the DOJ Complainant Notice Date, the Administrator will search for a

current address, phone number, or other contact information and will promptly use that

information to call or otherwise contact:

a. Any non-responsive DOJ Complainants and inform them that they must respond

within 30 days of the Administrator’s contact, and

b. Any DOJ Complainants who have not cashed their check.

42. At 60, 150, and 240 days after the DOJ Complainant Notice Date, the Administrator will

provide a report to the United States and Uber specifying as to each DOJ Complainant

whether (1) they have returned a signed Release or otherwise responded to the DOJ

Complainant Notice and Release, (2) their DOJ Complainant Notice and Release were

returned as undeliverable, (3) they have been sent a check, and (4) they have cashed a check.

43. At 310 days after the DOJ Complainant Notice Date, the Administrator will provide the

United States and Uber with a final report, including the information specified in Paragraph

42. On the same date, the Administrator will provide a calculation of the remaining balance

in the DOJ Complainant Payment Account (the “DOJ Complainant Residual Amount”),

which shall include payments made to DOJ Complainants that are returned or not cashed.

The DOJ Complainant Residual Amount shall be distributed equally as Uber Cash among all

DOJ Complainants with an active Uber account who previously released their claims.

44. DOJ Complainants who receive payment shall be solely responsible for any taxes they owe

resulting from the payment they receive under this Agreement and will receive a Form 1099

from the Administrator for the payment made, which shall be sent to the DOJ Complainant’s

identified address, along with or after the check. Applicable federal, state, and/or local taxes

imposed on the DOJ Complainant Payment Account, if any, shall not be deducted from the

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 7

DOJ Complainant Payment Account or from any monetary award to DOJ Complainants. If

the Administrator is required to pay any taxes imposed on the DOJ Complainant Payment

Account, Uber shall fund such payments (either directly or by reimbursing the

Administrator), which shall be treated as additional transfers to the DOJ Complainant

Payment Account for purposes of the Qualified Settlement Fund.

VIII. PAYMENTS TO UBER COMPLAINANTS

45. Within 28 days of entering into a contract with the Administrator, Uber shall deposit with the

Administrator a total of $1,738,500 (the “Uber Complainant Payment Account”). Within 7

days of depositing the money in the Uber Complainant Payment Account, Uber will submit

proof to the United States that the Uber Complainant Payment Account has been established

and the required sum deposited with the Administrator.

46. The monies in the Uber Complainant Payment Account at all times shall be deemed a

Qualified Settlement Fund.

47. Within 90 days of the Effective Date (on the “Uber Complainant Notification Date”), Uber

will:

a. Send via email to each Uber Complainant the message set forth in the Uber

Complainant Email Notice (attached here as Exhibit B), describing their eligibility to

receive a distribution of cash or Uber Cash from a $1,738,500 fund in exchange for

signing the Release (attached here as Exhibit D), instructing the Uber Complainant to

respond within 90 days, and including a link to the Fund Website. The Release and

an IRS Form W-9 will be attached to the email. The email, including links and

attachments, must be Web Accessible.

b. Send a message via the Uber hub in the Uber app to each Uber Complainant with an

active Uber account. That message will notify the rider of their eligibility for a

settlement distribution, instruct the rider to respond within 90 days, and include a link

to the Fund Website. The message, including links, must be Web Accessible.

48. Uber will re-send the hub message and the Uber Complainant Email Notice, Release, and

IRS Form W-9 to Uber Complainants who have not yet responded at 30 days and 60 days

from the Uber Complainant Notification Date. Uber will instruct them to respond within 60

and 30 days, respectively.

49. The Fund Website will be Web Accessible and all information presented there will be in

plain language. The Fund Website will include Uber’s and the U.S. Department of Justice’s

official logos, all of the information contained in the Uber Complainant Email Notice

attached here as Exhibit B, an IRS Form W-9, and a copy of the Release attached here as

Exhibit D. The Fund Website will allow Uber Complainants to choose whether to accept a

distribution in U.S. dollars or Uber Cash in exchange for the Release, or decline relief under

this Agreement. The Fund Website will instruct Uber Complainants who elect a cash

distribution or Uber Cash on how to submit the signed Release and IRS Form W-9

electronically, by email, or by regular mail to the Administrator.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 8

50. If the Uber Complainant accepts a cash distribution in exchange for the Release, they must

also provide a mailing address where the check can be sent. The Fund Website will instruct

Uber Complainants who elect a cash distribution on how to provide their mailing address to

the Administrator electronically, by email, or by regular mail.

51. At 45, 75, and 90 days after the Uber Complainant Notification Date, the Administrator will

provide a report to the United States that will include a list, by Uber Complainant, showing

whether each Uber Complainant has elected to release their claims or declined relief under

this Agreement, and for those Uber Complainants who released their claims, their election

between a check and Uber Cash, whether they have provided a mailing address, and the date

of such elections.

52. At 75 days after the Uber Complainant Notice Date, the Administrator will search for a

current address, phone number, or other contact information and then use that information to

call or otherwise contact the non-responsive Uber Complainants and inform them that they

must respond by a date no later than 120 days from the Uber Complainant Notice Date.

53. At 150 days after the Uber Complainant Notification Date:

a. Any Uber Complainant who does not respond to the Administrator’s efforts to contact

them as required by Paragraph 52 of the Agreement will be deemed to have declined

relief under the Agreement.

b. The Administrator will provide to the United States a report that will include a list, by

Uber Complainant, showing each Uber Complainant’s election (or non-election) to

release their claims and their election between a check and Uber Cash.

c. Uber will provide to the United States: (i) a list of the Uber Complainants identified

by an anonymous unique identifier; (ii) the number of times each Uber Complainant

was charged a wait time fee; (iii) the total amount of wait time fees charged to each

Uber Complainant; and (iv) the total amount of wait time fee refunds provided to

each Uber Complainant.

54. At 210 days after the Uber Complainant Notification Date, the United States will provide to

Uber and the Administrator a specification of the amount of money or Uber Cash to be

distributed to each Uber Complainant, who elected to release their claims, from the Uber

Complainant Payment Account. The United States will determine in its sole discretion how

to allocate the funds in the Uber Complainant Payment Account to Uber Complainants who

elected to release their claims. That allocation, however, must be based solely and

exclusively on the rider information Uber provided as described in Paragraph 53(c).

55. At 240 days after the Uber Complainant Notification Date:

a. The Administrator will send a check in the amount identified by the United States to

each Uber Complainant who elected to release their claims, elected a cash payment,

and provided a mailing address for a check and an IRS Form W-9.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 9

b. Uber will apply Uber Cash in the amount identified by the United States to the rider

account of each Uber Complainant who elected to release their claims, elected

payment by Uber Cash, and provided a completed IRS Form W-9. At or around the

same time, Uber will send each Uber Complainant who elected to release their claims

and elected payment by Uber Cash a message through email and a link to a copy of

the message through the Uber app, both of which shall be sent in a Web Accessible

format. The message will notify the rider of the specific amount of Uber Cash they

received and contain a link to the Fund Website. That message will remain available

through the Uber hub for 180 days. Uber will confer with the United States to reach

agreement on the mutually acceptable content of the message prior to sending the

message.

c. The Administrator will return to Uber from the Uber Complainant Payment Account

an amount of U.S. Dollars equal to the amount of Uber Cash to be distributed to Uber

Complainants as described in Paragraph 55(b).

56. Within 30 days of mailing the checks as described in Paragraph 55(a), the Administrator will

provide a declaration attesting that the checks and accompanying notices have been mailed to

Uber Complainants. Within the same 30 days, Uber will provide the United States with a

declaration attesting to the application of Uber Cash and delivery of the required notices to

Uber Complainants who elected to release their claims and so elected, and to Uber

Complainants who elected to release their claims but did not choose a method of payment, as

described in Paragraph 55(b).

57. Within 150 days after the Administrator sends the checks to the Uber Complainants as

described in Paragraph 55(a), Uber will send a message via email and a message in the Uber

app informing all Uber Complainants who elected cash but have not yet cashed their checks

that they have 30 days remaining to cash their checks. The message must be in plain

language and Web Accessible.

58. Any funds in the Uber Complainant Payment Account that remain undistributed 210 days

after the Administrator sends the checks to Uber Complainants as described in Paragraph

55(a), and Uber applies the Uber Cash as described in Paragraph 55(b), shall be deemed the

Uber Complainant Payment Account Residual. The Uber Complainant Payment Account

Residual shall first be applied to pay invoices of the Administrator to defray the cost of the

services provided by the Administrator under this Agreement. Any amount remaining in the

Uber Complainant Payment Account Residual after application to the Administrator’s

invoices shall be distributed equally as Uber Cash among all Uber Complainants with an

active Uber account who previously released their claims. These Uber Complainants will not

be required to provide any further release in exchange for this distribution of Uber Cash.

59. Within 30 days after the final distribution of funds remaining in the Uber Complainant

Payment Account, as described in Paragraph 58, the Administrator will provide the United

States and Uber with a final report, including the information specified in Paragraphs 51 and

53, and Uber will provide the United States with a declaration attesting to the application of

Uber Cash as described in Paragraph 58.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 10

60. Uber Complainants who receive payment shall be solely responsible for any taxes they owe

resulting from the payment they receive under this Agreement and will receive a Form 1099

from the Administrator for the payment made, which shall be sent to the Uber Complainant’s

identified address and/or email address, along with or after the check or Uber Cash.

Applicable federal, state, and/or local taxes imposed on the Uber Complainant Payment

Account, if any, shall not be deducted from the Uber Complainant Payment Account or from

any monetary award to Uber Complainants. If the Administrator is required to pay any taxes

imposed on the Uber Complainant Payment Account, Uber shall fund such payments (either

directly or by reimbursing the Administrator), which shall be treated as additional transfers to

the Uber Complainant Payment Account for purposes of the Qualified Settlement Fund.

IX. UBER CASH TO WAIT WAIVER ACCOUNTS

61. Within 30 days of the Effective Date (on the “Wait Waiver Account Notification Date”),

Uber will:

a. Send via email to each rider with a Wait Waiver Account the message set forth in the

Wait Waiver Email Notice (attached here as Exhibit C), stating the specific amount of

Uber Cash each rider is eligible for (to equal twice the amount of wait time fees

incurred over the lifetime of the account before May 12, 2022) in exchange for

signing the Release (attached here as Exhibit D). The Release will be attached to the

email. The Wait Waiver Email Notice will also instruct the recipient to respond

within 180 days and contain a link to the Fund Website. Uber will email the Wait

Waiver Email Notice and the Release to each rider with a Wait Waiver Account who

has not yet responded at 60 and 120 days from the Wait Waiver Notification Date,

instructing them to respond within 120 and 60 days, respectively.

b. Send a Web Accessible message via the Uber hub in the Uber app to all Wait Waiver

Accounts. The message will notify the rider of the specific amount of Uber Cash they

are eligible for and contain a link to the Fund Website. That message will remain

available through the Uber hub for 180 days. Uber will confer with the United States

to reach agreement on the mutually acceptable content of the message prior to

sending the message.

c. Surface prominent banner notices, i.e. Ring banner notices, to Wait Waiver Accounts

that appear when the rider requests a trip and the driver is on the way. Such banners

will include the information required by Paragraph 61(b) and will appear at least three

times over the 180 days following the Wait Waiver Account Notification Date, to the

extent the rider requests and is matched to a driver three times during that period.

d. Add to the Uber Accessibility wait time fee node on the Uber website a notice

informing riders that those who opted into the Waiver Program before May 12, 2022,

may be eligible for a distribution of Uber Cash, including a link to the Fund Website,

and providing a deadline for claims, which shall be 180 days from the Wait Waiver

Account Notification Date. Such notice shall remain on the website for 180 days

following the Wait Waiver Account Notification Date.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 11

62. The Fund Website will allow riders with Wait Waiver Accounts to release claims

electronically by typing their name and the date, to submit a signed release via email or mail,

or to decline relief under the Agreement.

63. If the Administrator or Uber determines that an IRS Form W-9 is necessary to remit payment

to any Wait Waiver Account, the Administrator will advise the rider of that requirement and

provide a Web Accessible IRS Form W-9 to the rider, along with instructions for how to

return the form to the Administrator. Payment may be conditioned on receipt of a completed

IRS Form W-9.

64. Within 14 days of receiving a signed Release, and, if applicable, a completed IRS Form W-9,

Uber will apply to the Wait Waiver Account Uber Cash equal in value to twice the amount of

all wait time fees incurred over the lifetime of the Wait Waiver Account before May 12,

2022. At or around the same time, Uber will notify the Wait Waiver Account holder that the

Uber Cash has been applied through email and a message via the Uber hub in the Uber app.

65. At 75 and 105 days after the Wait Waiver Account Notification Date, the Administrator will

report to the United States the number of Wait Waiver Accounts that have elected to receive

Uber Cash in exchange for the Release, the total amount of Uber Cash paid to those Wait

Waiver Accounts, the number of Wait Waiver Accounts that declined to participate, and total

amount of possible residual.

66. At 120 days after the Wait Waiver Account Notification Date, the Administrator will search

for a current address, phone number, or other contact information and then use that

information to call or otherwise contact the non-responsive Wait Waiver Accounts.

67. At 150 days after the Wait Waiver Account Notification Date, the Administrator will report

to the United States on the efforts made to contact non-responsive Wait Waiver Accounts,

the number of Wait Waiver Accounts that have elected to receive Uber Cash in exchange for

the Release, the total amount of Uber Cash paid to those Wait Waiver Accounts, the number

of people who declined to participate, and total amount of possible residual.

68. At 180 days after the Wait Waiver Account Notification Date, the difference between the

amount of Uber Cash that has been distributed to Wait Waiver Account holders who released

their claims and the total doubled amount of wait time fees incurred by Wait Waiver

Accounts will be distributed equally as Uber Cash to all Uber Complainants and Wait Waiver

Accounts who have active Uber accounts and previously elected to release their claims. No

further release will be required by these Uber Complainants and Wait Waiver Accounts to

get distribution of this residual. To the extent the Administrator determines these transfers

would require an IRS Form W-9, the Administrator can request an IRS Form W-9 and

condition payment on receipt of a completed IRS Form W-9.

69. Within 30 days after the final distribution of the residual funds, as described in Paragraph 68,

the Administrator will provide the United States and Uber with a final report indicating the

number of Wait Waiver Accounts who elected to receive Uber Cash in exchange for the

Release, and Uber will provide the United States with a report indicating how much was

distributed to each account and a declaration attesting to the application of that Uber Cash.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 12

X. CIVIL PENALTY

70. Within 30 days of the Effective Date, Uber shall pay a total of $50,000 to the United States

as a civil penalty, under 42 U.S.C. § 12188(b)(2)(C)(i); 28 C.F.R. § 85.5 (adjustments for

civil penalties); 49 C.F.R. § 37.11 (incorporating by reference 28 C.F.R. § 36.504(a)(3)(i)),

as amended. The payment shall be in the form of an electronic funds transfer pursuant to

written instructions by the United States. Payment of this civil penalty is not intended to be,

and shall not be construed to be, inconsistent with Uber’s denial of ADA coverage and

liability as described in Paragraph 11.

XI. IMPLEMENTATION AND ENFORCEMENT

71. All durations specified in this Agreement run from the Effective Date unless otherwise

indicated.

72. The Court before which the Action has until now been pending shall retain continuing and

exclusive jurisdiction, pursuant to the Northern District of California’s General Order 56,

solely to enforce the terms of the Agreement for a duration of two years from the Effective

Date.

73. Failure by the United States or Uber to enforce any provision of this Agreement shall not be

construed as a waiver of the United States’ or Uber’s right to enforce any provisions of this

Agreement.

74. If any term of this Agreement is determined by any court to be unenforceable, the other terms

of this Agreement shall remain in full force and effect.

75. A limited number of isolated instances of noncompliance with the Agreement’s Web

Accessibility requirements shall not constitute a material breach of this Agreement if those

failures would not prevent a person with a disability from (1) completing the self-

certification for the Waiver Program or providing any information required to obtain relief

under the Agreement, or (2) accessing the substantive information Uber provides about wait

time fees, the Waiver Program, wait time fee refunds, and a person with a disability’s

potential entitlement to relief under the Agreement.

76. If Uber is unable to comply with the Agreement’s Web Accessibility requirement in a

particular, discrete circumstance, it may provide the United States with a written request for a

limited exception, which the United States shall not unreasonably deny. The request shall set

forth the reasons limiting Uber’s ability to comply with the Agreement’s Web Accessibility

requirement in the specific instance and the steps Uber will take to enhance accessibility.

77. If the United States believes that Uber has violated any portion of this Agreement, the United

States will give notice (including reasonable particulars) of the alleged violations to Uber.

Uber must respond to this notice as soon as practicable, but no later than 30 days thereafter.

The Parties will negotiate in good faith in an attempt to resolve any dispute. If the United

States and Uber are unable to reach a mutually acceptable resolution within 60 days of

Uber’s response, the United States may seek enforcement of this Agreement by seeking

reinstatement of this Action as set forth in Paragraph 21.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 13

78. As to any deadline specified in this Agreement, if Uber cannot meet the deadline specified,

then Uber shall notify the United States as promptly as is practicable before the deadline of

its inability to meet the deadline and the reasons why, and shall request a reasonable

extension of time to a specific date. The United States shall be reasonable in considering any

requests to extend.

79. All documents and communications required to be sent to the United States shall be sent by

overnight courier, secure file transfer, or, where practicable, by email to:

ATTN: Cheryl Rost

United States v. Uber Technologies, Inc. (DJ No. 202-11-409)

Disability Rights Section

Civil Rights Division

United States Department of Justice

4 Constitution Square

150 M Street NE

Washington, DC 20002

[email protected]

80. A signatory to this document in a representative capacity for Uber is authorized to bind Uber

to this Agreement. A signatory to this document in a representative capacity for the United

States is authorized to bind the United States to this Agreement.

81. This Agreement constitutes the entire agreement between the United States and Uber on this

matter. No other prior statement, promise, or agreement, either written or oral, made by any

Party or agents of any Party, that is not contained in this written Agreement, including its

Exhibits, is enforceable.

82. All settlement discussions, offers, counteroffers, and negotiations leading up to this

Agreement are subject to Federal Rule of Evidence 408.

83. The Parties agree that, as of the Effective Date, litigation is not “reasonably foreseeable”

concerning the matters described in the Complaint. To the extent that either Party previously

implemented a litigation hold to preserve documents, electronically stored information, or

things, the Party is no longer required to maintain such a litigation hold. Nothing in this

Paragraph relieves either Party of any other obligations imposed by this Agreement.

84. The provisions of the Protective Order (ECF Nos. 40-41) remain in effect and applicable to

all Parties throughout the term of this Agreement.

85. This Agreement does not purport to remedy any violations or potential violations of the

ADA, other than as set forth in Paragraph 20 above. Except as explicitly provided herein,

this Agreement does not affect Uber’s continuing responsibility to comply with all applicable

federal, state, and local laws.

86. This Agreement shall be binding on the Parties. Uber shall have a duty to notify all of its

assigns and successors in interest of the existence and terms of this Agreement.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 14

AGREED AND CONSENTED TO:

FOR THE UNITED STATES OF AMERICA:

STEPHANIE M. HINDS

United States Attorney

Northern District of California

DAVID M. DEVITO (CABN 243695)

Assistant United States Attorney

Northern District of California

450 Golden Gate Avenue

San Francisco, California 94102-3495

Telephone: (415) 436-7332

Fax: (415) 436-6748

[email protected]

Date: July 15, 2022

KRISTEN CLARKE

Assistant Attorney General

Civil Rights Division

REBECCA B. BOND

Chief

KEVIN J. KIJEWSKI

Deputy Chief

CHERYL ROST (NJBN 020982011)

MATTHEW FAIELLA (NYRN 4437711)

DAVID W. KNIGHT (MDAN

0412140410)

MEGAN E. SCHULLER (CABN 281468)

Trial Attorneys

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Ave., NW – 4CON

Washington, DC 20530

(202) 616-5311

[email protected]

Date: July 15, 2022

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 15

FOR UBER TECHNOLOGIES, INC.:

ELIZABETH A. COLEMAN

Vice President, Deputy General Counsel

Uber Technologies, Inc.

1515 3rd Street

San Francisco, California 94158

Date: July 11, 2022

DocuSign Envelope ID: AEA2086B-9C89-430D-9EA3-6DEFD08C8F17

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 16

Exhibit A:

DOJ Complainant Notice

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 17

UBER WILL PAY YOU FOR PREVIOUSLY CHARGED WAIT TIME FEES

IF YOU RESPOND BY [Insert Deadline Date]

In November 2021, the U.S. Department of Justice (DOJ) sued Uber Technologies, Inc. under

the Americans with Disabilities Act (ADA) for charging a wait time fee when a rider needed more time

to board a car because of disability. Uber denies any wrongdoing, liability, or fault. Uber and the DOJ

have reached an agreement to resolve that lawsuit.

Under the agreement, Uber will pay YOU $__________ if you sign the attached Release of

Claims. Also, Uber will continue to waive all future wait time fees for your account. You can learn

more about the waiver and wait time fee refunds at Uber Help. The agreement between the DOJ and

Uber is available at [insert hyperlink].

TO GET THIS MONEY FROM UBER, BY [X date – approx. 90 days from date sent]

YOU MUST SEND:

1. the attached signed Release of Claims and completed IRS Form W-9, and

2. your permanent address (where a check can be sent for up to 12 months)

to the Fund Administrator by email or mail to the following address:

E-mail:

Mail:

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 18

If you do not sign the Release of Claims and return it by the deadline, then Uber will NOT

pay you. You should consult an attorney or tax preparer of your choosing about any legal or tax

consequences of this payment from Uber.

If you have questions, you can contact the Fund Administrator at:

E-mail:

Phone:

TTY:

For more information about this agreement or the ADA, visit www.ada.gov or call the DOJ’s toll-free

ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY).

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 19

Exhibit B:

Uber Complainant Email Notice

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 20

UBER WILL PAY YOU FOR PREVIOUSLY CHARGED WAIT TIME FEES

IF YOU RESPOND BY [INSERT DEADLINE]

Because you contacted Uber about being charged a wait time fee for needing more time to board

a vehicle on an Uber trip due to disability, you are eligible for a payment of at least $600 from a

$1,738,500 fund under a recent agreement with the U.S. Department of Justice. You can request this

payment either by check or in Uber Cash, if you sign the attached Release of Claims and complete the

attached IRS Form W-9.

TO GET THIS CHECK OR UBER CASH, BY [X date – approx. 90 days from date sent]

YOU MUST SEND:

1. the attached signed Release of Claims and completed IRS Form W-9,

2. choose whether you want to get a check or Uber Cash, and

3. if you pick a check, your permanent address (where a check can be sent for up to 12

months)

to the Fund Administrator by email or mail to the following address:

E-mail:

Mail:

You should consult an attorney or tax preparer of your choosing about any legal or tax

consequences of this payment from Uber.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 21

Background: In November 2021, the U.S. Department of Justice (DOJ) sued Uber Technologies,

Inc. under the Americans with Disabilities Act (ADA) for charging a wait time fee when a rider needed

more time to board a car because of disability. Uber denies any wrongdoing, liability, or fault. Uber

and the DOJ have reached an agreement to resolve that lawsuit. As part of the agreement, Uber will

continue to waive wait time fees for your account.

You can learn more about this waiver and wait time fee refunds at Uber Help. The agreement

between the DOJ and Uber is available at [insert hyperlink].

For more information about this agreement or the ADA, visit www.ada.gov.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 22

Exhibit C:

Wait Waiver Email Notice

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 23

UBER WILL CREDIT YOU FOR PREVIOUSLY CHARGED WAIT TIME FEES

IF YOU RESPOND BY [INSERT DEADLINE]

Because you have opted into Uber’s waiver program regarding wait time fees for riders with

disabilities, you are eligible for a payment in Uber Cash under a recent agreement with the U.S.

Department of Justice, if you sign the attached Release of Claims.

TO GET THIS UBER CASH, BY [X date – approx. 180 days from date sent] YOU MUST

SIGN THE ATTACHED RELEASE OF CLAIMS AND SEND IT, BY EMAIL OR MAIL, TO

THE FOLLOWING ADDRESS:

E-mail:

Mail:

Or, you can visit [link to Fund Website] to fill out the Release form electronically.

You should consult an attorney or tax preparer of your choosing about any legal or tax

consequences of this payment from Uber.

Background: In November 2021, the U.S. Department of Justice (DOJ) sued Uber Technologies,

Inc. under the Americans with Disabilities Act (ADA) for charging a wait time fee when a rider needed

more time to board a car because of disability. Uber denies any wrongdoing, liability, or fault. Uber

and the DOJ have reached an agreement to resolve that lawsuit. As part of the agreement, Uber will

continue to waive wait time fees for your account.

SETTLEMENT AGREEMENT

3:21-CV-08735-WHA 24

You can learn more about this waiver and wait time fee refunds at Uber Help. The agreement

between the DOJ and Uber is available at [insert hyperlink].

For more information about this agreement or the ADA, visit www.ada.gov.