Frequently Asked Questions

1. What Is The Purpose Of The Notice That Was Sent Out?
2. What Is This Lawsuit About?
3. Am I In The Settlement Class?
4. What Are The Settlement Class Benefits?
5. What Are The Attorneys Fees And Costs, Named Plaintiff Service Awards, And Class Administration Expenses?
6. Who Represents Me?
7. The Settlement Release-- What Will I Give Up In Exchange For The Benefits?
8. How Do I Exclude Myself From The Settlement?
9. How Do I Object To The Settlement?
10. When Was The Final Approval Hearing?
11. How Do I Get More Information?
12. What If I Have an Inactive Account and I Did Not Receive My Check?
13. Why Did I Receive an Email Asking for My Address?
14. When Will I Receive a Payment?

1. What Is The Purpose Of The Notice That Was Sent Out?

   The purpose of the Notice is to inform Class Members of a class action settlement against Uber Technologies, Inc. in the United States District Court for the District of Massachusetts.  The case is entitled Cullinane, et al. v. Uber Technologies, Inc. (U.S. District Court for the District of Massachusetts Case No. 1:14-cv-14750-DPW) and was approved by the Court on January 29, 2020.

   This lawsuit was filed by plaintiffs Rachel Cullinane, Jacqueline Nunez, Elizabeth Schaul and Ross McDonagh on behalf of a class of consumers.   If you received the Notice, it is because you have been identified as a member of the "Class."  Ms. Cullinane, Ms. Nunez, Ms. Schaul, and Mr.  McDonagh are acting as the Class Representatives.  

   The Class Notice was approved by the Judge on September 20, 2019.  A class action is a lawsuit in which one or more persons sue on behalf of themselves and others who may have similar claims.

   If you are a Class Member, the Notice provides important information about  your rights in connection with the lawsuit, so please read it carefully.  

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2. What Is This Lawsuit About?

   A class action lawsuit, Cullinane, et al. v. Uber Technologies, Inc., was approved by the U.S. District Court for the District of Massachusetts, No. 14-cv-14750 (the “Action”) on January 29, 2020. The complaint in the Action alleges that Uber charged riders an $8.75 “Logan Massport Surcharge and Toll” or a “Logan Massport Surcharge” or a “Massport Surcharge,” and a $5.25 “East Boston Toll,” for rides to or from Logan Airport.  The complaint alleges that Massport did not charge an $8.75 fee; at most it charged certain drivers $3.25 to pick up riders at Logan, and charged no fee for dropping off riders at Logan. The complaint also alleges the East Boston Toll was less for non-commercial vehicles than the amount Uber charged. The lawsuit sought damages and equitable relief for these alleged practices. If you received a Notice, it is because Uber’s records indicate you paid such a fee and are a Settlement Class Member.

   Uber denies these claims and contends that it fully complied with the law. Although the Court has not decided who is right and who is wrong, both sides have agreed to the Settlement. A Settlement avoids the expense and delay of a trial and gets relief to Settlement Class Members more quickly. The Class Representatives and the attorneys for the class think the Settlement is best for all Settlement Class Members.

    The Action is called a “Class Action” because the Class Representatives are suing on behalf of other people with similar claims, called “Class Members.” The parties have agreed to treat the Action as a Class Action for settlement purposes only.

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3. Am I In The Settlement Class?

   You are a Settlement Class Member if you are a Massachusetts resident (defined as persons who both registered for an Uber Account via an iPhone in Massachusetts and had a Massachusetts billing address) who from October 18, 2011 to August 14, 2015:

    (a) paid an Uber invoice that included an $8.75 charge designated as “Logan Massport Surcharge and Toll” or “Logan Massport Surcharge” or “Massport Surcharge”; or (b) paid an Uber invoice that included a $5.25 charge designated as “East Boston Toll”; and (c) have not received a refund of these charges for all amounts greater than the actual toll and/or any airport fee assessed by Massport or Logan Airport.

    Uber has reviewed its records and identified 101,783 Settlement Class Members.

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4. What Are The Settlement Class Benefits?

   Because the settlement was approved by the Court, Uber has agreed to provide the following monetary benefits to Settlement Class Members:

    Active Accounts. Settlement Class Members who have an Active Uber Account (defined as an Uber Account that has not been deactivated or banned, as defined in the Settlement Agreement, and which has been used within 365 calendar days prior to May 1, 2019) will be paid by a credit to their Uber Account in the amount of a prorated share of the Settlement Fund. Credits issued to the Uber Accounts of Active Riders can be used to pay for (i) rides networked via the Uber App, and/or (ii) food ordered via the Uber Eats App.  This credit will be good for 365 calendar days from the Effective Date of the Settlement Agreement, and will be automatically applied to the Settlement Class Member’s next service(s) within the United States, and after any other earlier expiring credits are used. After 365 calendar days, any unused credits that exceed $5.00 will be paid to the Settlement Class Member by check.  If the unused credit is less than $5.00 it will be paid to the U.S. Treasury, along with funds representing any uncashed checks, subject to Court approval.  The decision not to send checks for amounts less than $5.00 was made because it is not cost effective to do so, given the cost of obtaining an address for the recipient and mailing a check, and because checks of such a small amount are much less likely to be cashed.  Class Members with Active Accounts and unused credits that exceed $5.00 (for whom we were able to find addresses) were mailed checks on July 5, 2022.   

    Inactive Accounts. For Settlement Class Members who do not have an Active Uber Account as defined above, a third-party administrator (the Settlement Administrator) will issue a check representing the Settlement Class Member’s pro rata share of the Settlement Fund. The Settlement Administrator has used its best efforts to locate addresses for riders with Inactive Accounts by using a reverse telephone number look-up.  The Settlement Administrator also sent out emails to Class Members with Inactive Accounts, asking that they provide their current address.  If you are a Class Member with an Inactive Account and the Settlement Administrator was not able to obtain your current mailing address, you were not mailed a check and you are excluded from the Class.  

   Reasons for Providing Credits to Active Accounts and Checks to Inactive Accounts Under the Settlement.  Credits are provided to Settlement Class Members with Active Accounts because (1) such Class Members continue to use their Uber Accounts, and a credit provides a direct benefit to pay for a service the Class Members would use anyway; (2) credits are the most cost-efficient and prompt way to return value to such Class Members, as they do not require a reverse telephone number lookup or the mailing of a paper check; (3) credits are automatically applied, and so are far more likely to be used than checks, which people sometimes forget to cash.  For these reasons, credits provide the most financial benefits at the lowest cost to the most Settlement Class Members.  

   Mailed checks are being provided to Inactive Accounts because value would not be provided via a credit to an Uber Account that is not Active.  Checks are the most effective way to get monetary relief to such Class Members.  

   Settlement Payments in the form of credits to Active Accounts and checks mailed to holders of Inactive Accounts took place on April 17, 2020.  Holders of Active Accounts with unused credits that exceed $5.00 (for whom we were able to find addresses) were mailed checks on July 5, 2022.  

    The Settlement Agreement does  not include injunctive relief.  Uber ceased charging riders a fee titled “Logan Massport Surcharge and Toll,”  “Logan Massport Surcharge,” and  “Massport Surcharge” on October 15, 2014, and has since entered into an agreement with Massport which establishes a specific trip pick-up fee at Logan Airport.  Effective November 3, 2016, Uber is required by MassDOT to charge tolls at the commercial rate.  See M.G.L.c. 159A ½, § 2(j).

    

   You do NOT need to do anything to receive these benefits.

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5. What Are The Attorneys Fees And Costs, Named Plaintiff Service Awards, And Class Administration Expenses?

   Counsel for the Settlement Class was awarded attorneys’ fees and costs, service awards for the Named Plaintiffs, and class administration expenses of $999,000 in total, approved by the Court at the final approval hearing referred to below in FAQ 10. Named Plaintiffs requested service awards in an amount not to exceed $5,000 for each Plaintiff. The attorneys’ fees and costs, service awards, and class administration expenses will be paid from the Settlement Fund.   A copy of the fee application was posted on this website by November 22, 2019. 

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6. Who Represents Me?

   The Court has appointed the following lawyers and firms as Settlement Class Counsel to represent the interests of all Settlement Class Members:

    

   Elizabeth Ryan John Roddy Bailey & Glasser LLP 99 High Street, Suite 304 Boston, MA 02110

   Pedro Jaile 241 Perkins Street, G-102 Boston, MA 02130

    

   These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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7. The Settlement Release-- What Will I Give Up In Exchange For The Benefits?

   In exchange for the benefits described in the Notice, every Settlement Class Member gives Uber a Release and agrees to be bound by all court orders in the Action. You are bound by the terms of the Settlement unless you excluded yourself. A release means you can’t sue or be part of any other lawsuit against Uber (or the other “Released Persons” as defined in the Settlement Agreement) for claims related to the Logan Massport Surcharge and Toll, the Logan Massport Surcharge, the Massport Surcharge, or the East Boston Toll. For more information about the terms of the Release, you may consult the Settlement Agreement, which is on file with the Court, and can also be viewed on this website on the Case Documents page. 

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8. How Do I Exclude Myself From The Settlement?

   If you are a Settlement Class Member, then you are included in the Settlement unless you requested to be excluded. If you remained in the Settlement Class, since the Settlement was approved by the Court, then you will receive the monetary benefits described above. If you did not want to participate in the Settlement, then you could have excluded yourself or “opted out.” If you excluded yourself, you will not receive any benefits from the Settlement, but you are not bound by any judgment or release in this Action and kept your right to sue Uber on your own if you want. If you excluded yourself, you may not object to the Settlement.  

    To exclude yourself from the Settlement, you must have submitted a request for exclusion to the Settlement Administrator by December 6, 2019.  The deadline has passed and it is now too late to request exclusion. 

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9. How Do I Object To The Settlement?

   If you did not request to be excluded, you might have objected to the Settlement, including the attorneys' fees.  You may not object if you excluded yourself.  To object, you must have sent a letter to the Court and served upon Class Counsel a written statement saying that you object to the Cullinane, et al. v. Uber Technologies Settlement by December 6, 2019.  The deadline has passed and it is now too late to object to the settlement.  

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10. When Was The Final Approval Hearing?

    The Settlement was approved by the Court. The Court set the Final Approval Hearing for January 23, 2020 at 2:00 p.m., at the U.S. District Court for the District of Massachusetts, Courtroom 1, 1 Courthouse Way, Boston, Massachusetts, 02210 to determine whether the Settlement should be approved as fair, reasonable and adequate, whether certification of the Settlement Class is proper, and whether the Settlement and the attorneys’ fees request should be approved.  The Settlement was approved and the Final Order Approving Class Action Settlement was filed by the Court on January 29, 2020. 

    You did not need to hire a lawyer, but may have done so if you wanted to. You and the Settlement Class are already represented by Settlement Class Counsel listed above, at no out-of-pocket cost to you. The Settlement will not take effect unless and until: (1) the Court approves the Settlement at the Final Approval Hearing, and (2) a Final Order and Judgment is entered by the Court and is no longer subject to any appellate challenge. After the Court rules on the final approval and the time to appeal has expired or appeals are exhausted, the Settlement will become final, and you are entitled to receive the class benefits set forth above. Both of those conditions have been met and it is expected that settlement payments in the form of credits for Class Members with Active Accounts and checks mailed to Class Members with Inactive Accounts will take place by the end of April, 2020.  

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11. How Do I Get More Information?

    The Notice, which has been approved by the Court, is only a summary. You may visit this website for updates regarding the Court hearing dates, and to obtain a copy of the complete Settlement Agreement, and other key documents from the case. You may call the Settlement Administrator toll-free at 1-844-264-8222 or send an email to Administrator@UberLoganSettlement.com.  If you have additional questions concerning this Action, Notice, or Settlement, you may contact Class Counsel at the address below. In addition, all of the records and other papers filed in the Action, including the Settlement Agreement, are on file with the Court and available to be inspected during regular business hours at the Clerk’s Office. The Clerk of the Court is located at 1 Courthouse Way, Suite 2300, Boston, Massachusetts 02210. Please do not address questions about the settlement or the litigation to the Judge or to Uber’s Counsel.

     

    Administrator:   Cullinane, et al. v. Uber Technologies, Inc. Settlement Administrator c/o KCC Class Action Services P.O. Box 6001 Larkspur, CA 94977-6001 1-844-264-8222

    Settlement Class Counsel:   Elizabeth Ryan John Roddy Bailey & Glasser LLP 99 High Street, Suite 304 Boston, MA 02110 617-439-6730

    Uber’s Counsel:   S. Elaine McChesney Emma D. Hall Daniel J. Ball Morgan, Lewis & Bockius LLP One Federal Street Boston, MA 02110

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12. What If I Have an Inactive Account and I Did Not Receive My Check?

    If you are a Class Member with an Inactive Account and we had an address for you, you were mailed a check on April 17, 2020.  If you did not receive your check, you needed to request a reissue by July 1, 2020.  

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13. Why Did I Receive an Email Asking for My Address?

    If you received an email from the Settlement Administrator asking for your current address, it was because we searched for your address and were unable to obtain it.  We were not able to mail you a check if we did not have your address.    If you are a Class Member with an Inactive Account and we did not obtain an address for you by March 6, 2020, you were not  mailed a check and you are excluded from the class.  

    If you received an email from us on June 16, 2020, it was because we sent you a check on April 17, 2020 and the check had not yet been cashed at the time of the email.  The email was a reminder to either cash or deposit your check or to request a reissue if you did not receive it.  

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14. When Will I Receive a Payment?

    Settlement Payments in the form of credits to Active Accounts and checks mailed to holders of Inactive Accounts for whom we had addresses took place on April 17, 2020.  Checks were mailed to Class Members with Active Accounts with unused credits of greater than $5.00 (for whom we were able to find addresses) on July 5, 2022.  

     

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