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It seems like User sees a price X for a ride and accepts it. The driver might see a price X-y if conditions have changed. Doesn't that imply User agrees to price X and driver to price X-y ? Uber might be able to adjust the price at the end but can they be sued if both party agrees to it before hand?
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"36. Had Plaintiff and the Class known the truth about the Uber Defendants’ deception, they would never have engaged in the transportation or would have demanded that their compensation be based on the higher fare."
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I am curious as to how they reached to a conclusion that Uber was intentionally doing this. Did a bunch of drivers co-ordinate experiments with riders to see if there was price differences? Did they just log out and log back into different accounts to see the price differences?
I am neutral to Uber so I feel its natural to question if Uber is seen as an easy target to go after since they are already in a legal swamp. IANAL so would love to read what people familiar with law have to say.