Class Action Against Uber B.V., Raiser Operations B.V., Uber Canada Inc., and Uber Technologies Inc.
Why was an action commenced?
On November 27, 2017, and after the release of a news story on the issue, Uber announced that in late 2016, cybercriminals accessed the personal information of millions of Uber riders and drivers, including names, phone numbers and email addresses. Uber did not disclose this data breach to its riders and drivers, or to regulators, and instead it paid the cybercriminals $100,000 to destroy the data. It is not known whether the data was permanently destroyed before it was made available or used by others, or at all.
Dione Setoguchi, represented by Branch MacMaster LLP and Jensen Shawa Solomon Duguid Hawkes LLP, commenced a proposed class action against Uber on behalf of all Canadian residents who, as of October 1, 2016, were users or riders of Uber. The Statement of Claim alleges that Uber:
- breached its obligations under the Personal Information Protection and Electronic Documents Act and the Personal Information Protection Act;
- engaged in unfair practices contrary to the Fair Trading Act and other consumer protection legislation;
- committed breaches of confidence and an invasion of privacy; and
- breached its contractual obligations with Uber users.
What Happens Next?
The first step in a proposed class action is for the Court to consider whether the action can proceed as a class action, and define the class and the common issues to be determined on behalf of the class. This process is called “certification”. If the action is certified, all persons who fit the class definition will be automatically included in the class, but will have an opportunity to opt out (exclude themselves) from the proceeding. This process typically includes a notice effort.
How Can I Participate or Receive Information?
While it is not necessary to “register” in order to participate in a proposed class action, we are keeping a database of people impacted by this data breach so that if the action is certified or if there are any other material developments that require notice, you can receive direct notification. Understanding the experiences of class members will also help us do a better job as the lawyers in this case.
Please note that registration with us does not mean you are a part of the class action; that determination is made by the Court in the certification process. If the action is certified, you will have an opportunity to decide whether or not to participate (and exclude yourself if you do not want to participate). However, registration ensures you receive direct notice of certification and of the opportunity to exercise your right to opt out or to continue to participate in the action.
Speaking to a Lawyer
If you would like to speak to one of the lawyers involved in this action, please give us a call. The lawyers will answer your questions regarding this proposed class action at no cost to you.
Affected persons are encouraged to contact:
JSS Barristers LLP
Branch MacMaster LLP