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NORTHERN CALIFORNIA RECORD

Tuesday, October 22, 2024

Plaintiffs accuse Uber Technologies of violating NYC Delivery Driver Law

State Court
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A new class action lawsuit has been filed against a major technology company, alleging violations of a New York City law designed to protect food delivery workers. On October 9, 2024, Desmond Bonhomme and Daniel Tyler lodged the complaint in the Superior Court of California, County of San Francisco, targeting Uber Technologies, Inc.

The plaintiffs, Bonhomme and Tyler, both Uber Eats delivery drivers based in New York City, claim that Uber failed to comply with the New York City Administrative Code Section 20-1501 et seq., commonly known as the "Delivery Driver Law." This law mandates that third-party food delivery services disclose specific information about delivery trips to their workers before they accept them. According to the complaint, from April 2022 until mid-July 2023, Uber allegedly violated this requirement by providing drivers with a zoomed-out map instead of actual addresses for food pickup locations. The plaintiffs argue that this omission made it difficult for drivers to make informed decisions about accepting or declining delivery requests within the limited time frame provided by the app—typically only 15 seconds.

Desmond Bonhomme and Daniel Tyler are representing themselves and other similarly situated individuals in this class action suit. Bonhomme has reportedly completed over 1700 deliveries during the specified period without receiving proper address disclosures on numerous occasions. Similarly, Tyler has also encountered numerous instances where essential pickup location details were not disclosed. The plaintiffs allege that these practices violate Section 20-1521 of the Delivery Driver Law, which explicitly requires disclosure of pickup addresses for each trip offered to a food delivery worker.

The plaintiffs are seeking various forms of relief from the court. They request an order certifying their proposed class and appointing them as representatives alongside their attorneys as class counsel. Additionally, they seek statutory damages amounting to $200 per violation per worker—a figure stipulated by NYC Admin Code § 20-1508—and punitive damages yet to be determined by the court or jury. Furthermore, they demand reasonable attorneys' fees and expenses along with any other relief deemed appropriate by the court.

Representing Bonhomme and Tyler are attorneys L. Timothy Fisher and Emily A. Horne from Bursor & Fisher P.A., based in Walnut Creek, California. The case is presided over by Judge Austin Lam under Case ID CGC-24-618842.

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