Anyone who orders delivery through an app knows the feeling of seeing a total at checkout that’s higher than expected.
The Quebec Superior Court has now authorized a class action alleging that Uber Eats isn’t clear enough about its service fees.
With that said, authorization is only the first step. The judge hasn’t decided whether Uber did anything wrong, and there’s no money to claim just yet.
The judgment is dated August 28, and the consumer group behind the case, Option consommateurs, announced it on November 10. It targets Uber Technologies and three of its Canadian subsidiaries.
What’s the class action about?
According to the court filing, Uber Eats advertises a delivery fee but also adds a mandatory service fee to delivery orders. The group alleges the exact amount only becomes clear at checkout, under a line called “Taxes & other fees,” where you have to tap an info icon to see it.
The filing says Uber does show a “$2 to $6 service fee” range in small print on restaurant pages, but the group argues that’s too vague to tell customers what they’ll actually pay.
The case also covers Uber One, the subscription that costs $9.99 a month. The filing alleges Uber promotes free delivery on eligible orders but still charges members the service fee.
The person named in the case is Montreal resident Félix Bydal. The filing says he placed about 46 delivery orders totalling $1,807.02 since mid-2022 and paid $153.14 in service fees. According to the judgment, Uber says it has serious defences, but it didn’t oppose authorization.
MTL Blog reached out to Uber for comment.
“Service fees have been disclosed on the app’s home screen since April 2021. The fee range, including the maximum amount, is displayed on each merchant’s page, and the exact amount is shown before the order is confirmed,” said Uber’s manager of public affairs for Quebec in an email. “As this matter is before the courts, we will not comment further.”
Who’s included?
Anyone living in Quebec who, since June 25, 2022, placed an Uber Eats delivery order and paid a service fee. Uber One members from that period are part of a separate subgroup.
If that’s you, you’re automatically included. There’s nothing to register for and nothing to pay.
How much money could be at stake?
Nothing is guaranteed. Option consommateurs is asking the court for:
- Refunds: the service fees members overpaid, with the amount still to be determined
- Punitive damages: $500 per member, plus $100 more for Uber One members
- Uber One refunds: a full or partial refund of subscription fees
- Price display: an order forcing Uber to show the total cost upfront
Those are requests, not payouts, and the court will have the final say.
What happens next?
On October 27, lawyers asked the court to approve notices to members, which would go out by email from Uber and as a 30-day message in the app. They’ve also proposed giving people 65 days after that to opt out, with the exact date still to be set.
To opt out, you’d write to the clerk of the Superior Court at the Montreal courthouse and quote file number 500-06-001391-255. To follow the case, you can sign up for updates on the law firm’s page.
This is separate from the cancellation fee class action authorized in March and the Ontario case over the same service fee.
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