Montreal: Quebec Superior Court authorizes class action against Uber Eats over service fees

The Quebec Superior Court has authorized a class action against Uber Eats, alleging the food-delivery platform does not clearly disclose the mandatory service fee it charges consumers. Consumer group Option consommateurs announced on November 10 the court's authorization judgment, dated August 28. The case covers Uber Eats users in Quebec who placed orders and paid a service fee since June 2022.

What does the suit allege?

According to the court filing, Uber Eats advertises a delivery fee but also adds a mandatory service fee to delivery orders; customers only see the exact amount at checkout, under a line called "Taxes & other fees," where they must tap an info icon. Restaurant pages carry small print noting a "$2 to $6 service fee," but the plaintiffs argue that range is too vague to tell customers what they will actually pay.

The case also covers Uber One, the subscription service costing $9.99 a month, whose members form a separate subgroup.

Who is the plaintiff, and who is included?

The representative plaintiff 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. The class covers anyone in Quebec who, since June 25, 2022, placed an Uber Eats delivery order and paid a service fee; those who qualify are included automatically, with nothing to register for and nothing to pay.

Authorization is not a ruling on the merits

Authorization is only the first step: the judge has not decided whether Uber did anything wrong, and there is no money to claim yet. The remedies sought by Option consommateurs, including refunds, will ultimately be decided by the court.

On October 27, the plaintiffs' lawyers asked the court to approve notices to class members, to be sent by email from Uber and shown in the app for 30 days. Anyone who does not wish to take part can write to the clerk of the Superior Court in Montreal to opt out, quoting file number 500-06-001391-255.