3,000 cases in Miami against Uber drivers, totaling $3.2 million

The Miami Herald reports that Uber drivers have received more than 3,000 tickets and similar citations, totaling $3.2 million. One proposal would waive $1.4 million of that, though critics questioned why the fines should be reduced.

Police have also impounded at least 20 cars from Uber drivers.

Commissioner Dennis Moss said Uber “made a conscious decision to violate the rules” and should therefore pay the full penalty. Other critics noted Uber’s guidance to drivers about how to avoid getting caught by police.

Obstructed government raids

Former Uber employee Samuel Spangenberg alleged that when regulators raided local Uber offices, Uber’s standard response included severing all network connections so that law enforcement could not access documents stored on Uber servers outside the premises.

Fired in-house lawyers who questioned proposed document retention policy change

When Uber planned to change its document retention policy, two in-house attorneys expressed concern about the change and discussed their concerns with outside counsel. Uber fired them. Critics suggested that Uber sought to change the document retention policy in order to reduce materials available to litigation adversaries — and it seems the skeptical in-house attorneys thought that change, however beneficial to Uber’s business interests, was not permitted under legal rules requiring preserving documents relevant to existing disputes.

Uber driver killed girl in crosswalk

On December 31, 2013, an Uber driver killed six-year-old Sophia Liu, who was walking in a crosswalk with her mother and brother.  At the time, the driver was between rides (with the Uber app open, hoping for a new request) but not actively serving a Uber passenger.  As a result, Uber denied that it was responsible or had to pay. Uber offered automatic insurance to all drivers, but the insurance offered no coverage in this circumstance.

In response to a lawsuit brought by Sophia’s family, Uber argued that it is merely a “technology company,” that it “did not cause this tragic accident.”

Without admitting that it was obliged to provide payment in this circumstance, Uber ultimately reached a confidential settlement with Sophia’s family.

Ang Jiang Liu Et Al v. Uber Technologies, Inc. Et Al. Superior Court of California, County of San Francisco, Case No. CGC 14 536979.  Docket.

Kalanick said Lyft’s casual drivers are “non-licensed” and “quite aggressive”

In 2013, when Uber focused on operations using properly-licensed black cars, CEO Travis Kalanick wrote a lengthy post assessing Lyft’s “ridesharing” using ordinary drivers:

Over the last year, new startups have sought to compete with Uber by offering transportation services without traditional commercial insurance or licensing. Uber refrained from participating in this technology sector — known as ridesharing — due to regulatory risk that ridesharing drivers may be subject to fines or criminal misdemeanors for participating in non-licensed transportation for compensation.

In most cities across the country, regulators have chosen not to enforce against non-licensed transportation providers using ridesharing apps. This course of non-action resulted in massive regulatory ambiguity leading to one-sided competition which Uber has not engaged in to its own disadvantage.

He continued:

[G]iven existing regulations, the Lyft/Sidecar approach is quite aggressive. The bet they are making is two-fold:
1. Uber, already a market leader, is too weary to enter the non-licensed market in the face of existing regulatory scrutiny.
2. Regulators for the most part will be unable to act or enforce in time to stop them before they have a critical mass of consumer support.

Kalanick specifically criticized incomplete enforcement and ambiguity that let some companies take a lead through aggressive interpretations rather than superiority on the merits:

[T]he lack of real clarity has created massive regulatory ambiguity. Without clear guidance or enforcement, this ambiguity has led to one-sided competition in which Uber has not engaged to its own disadvantage. It is this ambiguity which we are looking to address with Uber’s new policy on ridesharing.

After I posted an article quoting and discussing Kalanick’s post, Uber removed that document from its site. But Archive.org kept a copy. I also preserved a screenshot of the first screen of the document, a PDF of the full document, and a print-friendly PDF of the full document.

Kalanick says every Lyft trip “is a criminal misdemeanor”

In 2013, when Uber focused on operations using properly-licensed black cars, CEO Travis Kalanick remarked on what he saw as Lyft’s unlawful “ridesharing” approach using ordinary drivers:

I’m like, holy cow, every trip that’s happening—I’m reading the law—every trip that’s happening is a criminal misdemeanor committed by the person driving. I don’t think that’s a good law, but that is the law.

Kalanick explained three sources of cost advantage from Lyft’s unlawful approach: foregoing commercial licenses, foregoing commercial insurance, and thereby accessing a larger pool of potential drivers:

What they were able to do because of no commercial insurance and because of easy access to supply, the cost was really low. You could see a situation where they’d eat you up from the bottom up.

City managers told drivers to disguise themselves to avoid enforcement by MIA airport police

In response to enforcement by airport police at Miami International Airport, Uber’s Miami city managers advised drivers to conceal themselves from airport police:

This is an important message from Uber Miami for our valued partners in South Florida about serving South Florida airports, including Miami International Airport. There have been some instances of partners receiving tickets for picking up or dropping off Uber riders at the airport.
While we continue our discussions with authorities on ways to develop a long-term solution, here are a few things you can do to make the pickup and drop off experience more enjoyable for both you and the rider:
– Keep your Uber phone off your windshield – put it down in your cupholder
– Ask the rider if they would sit up front
– Use the lanes farthest from the terminal curbside for pickup and drop off

Mike Isaac’s Super Pumped (p. 294)extends this quote with Uber’s promise to reimburse tickets and legal costs:

Remember, if you receive a ticket while picking up or dropping off Uber riders at the airport, Uber will reimburse your costs for the ticket and provide any necessary legal support. Take a picture of your ticket and send it to XXXXXXXXXX@uber.com.