Public Mediation

Receiving unsolicited texts from Uber.Com re offers for Uber/India

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Uber sending unsolicited texts from India

S. T. vs. Uber.Com
1455 Market St Fl 4, San Francisco, California, 94103-1355, United States
Amount Involved: $10,000.00
Complaint(s): Bad business practices
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Uber.Com
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 9859206
    • Amount Involved: 10,000.00
    • Filed On: Nov 17, 2017
    • Posted On: Nov 28, 2017
    • Complaint(s):
      • Bad business practices
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Statement of Claim
Claimant says:
"I used Uber in Mumbai. I have since returned to the US. I am now getting a slew of entirely unsolicited texts from Uber.
These texts are regarding offers and incentives for using uberPOOL and Uber in India. The texts come in at all hours of the night, waking me up, and are presumably racking up international charges on my phone bill. They seem to be unstoppable. Yes, I did try replying STOP.
I looked in vain for information about this through the Help section on Uber's app. I also looked for some way to contact Uber and get this stopped. I couldn't find a chat form, a phone number, or an email address - or even a mailing address. I tried to email Uber and every email address I tried bounced back:
"Request not received: Stop sending texts from India!!!
Hi there,
We're sorry. You’ve contacted an address that does not accept incoming email. We’re not monitoring questions through this email address and this request has not been received by our support team."
I am sick to death of this.
I am fairly sure that it is not permissible for Uber to send unsolicited texts like these (especially with no opt out information):
“We've a sweet reward for you - Use code MUM7NOV and enjoy 50% off (up to Rs 75) on 10 non uberPOOL rides in Mumbai till Nov 12. Get riding now!"

"Dear Rider, now save Rs 225 on your Uber trips with Paytm. Enjoy 50% cashback upto Rs75/trip on your next 3 trips till 30 November."

I cannot begin to express how utterly enraged I am about this. I will happily go forward with every legal action available to me until I receive an assurance that this unconscionable practice has been stopped and, at this point, until I receive compensation.

Maybe you should start receiving requests, Uber.

Update 11/20/17 - I understand that under the Telephone Consumer Protection Act, each and every illegal text message carries a civil fine of up to $1,500 per text.

Update 12/1/17 - Thank you for responding that you have ended your unsolicited text program to me. However, I have not received any response regarding compensation, let alone a check. I will be happy to go through the FCC, FTC, courts etc. if you prefer to go that route. These unsolicited and apparently unstoppable texts have been driving me mad."
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Additional Communication Between Claimant and Uber.Com Hide
  • Nov 27, 2017, () added:
  • Thank you for contacting Uber. Your request has been submitted to the appropriate team for action.

What Claimant Wants Hide
Non-Cash
What By When How Much
1. STOP, STOP, STOP Dec 02, 2017 N/A
Cash
1. Compensation: Compensation for receiving unsolicited texts in the middle of the night Dec 02, 2017 $10,000.00
2. Other – Pay for claim posting cost Dec 02, 2017 $14.99
Just make me happy!
Claimant invites Uber.Com to make a fair offer to resolve this complaint.
Cash total : $10,014.99
Non-cash: 1 items
  • 14
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Salmon Koenig commented
Salmon Koenig (Comment):
"What are the federal laws regarding spam texts? My understanding is that there is a steep penalty per offense."
 (12 months ago)
Reply
Claimant commented
Claimant: (Comment):
"Up to $1500 per text. I only have two remaining on my phone (deleted the rest when I kept tying to figure out how to stop them) so I am willing to settle for $3000."
 (12 months ago)
Reply
Ehsan Samavatian says maybe M
Ehsan Samavatian ("MAYBE"):
"I think the most important part of this claim has been solved and Uber needs to apologies. Getting the compensation is little harsh for them I believe."
 (13 months ago)
Reply
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with no explanation. This claim will remain posted until resolved.
  • 0
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Is this a fair resolution?
  • 1
  • Contributed Solution: by Paul Anastaseo On 02-08-2018
    Hey guys! I'm throwing my two cents here. While I agree this is a very unpleasant experience, I can also see how you could have been the innocent victim of automation of processes at uber. It's possible that even if you contacted them, you just got added to a queue and they haven't been able to get back to you. In my opinion, $10K is a lot to ask for but what I think is a fair compensation is $50/day of illegal SMS sending, plus the PeopleClaim costs. Let us know how this develops, hope it gets resolved!
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Is this a fair resolution?
  • 1
  • Contributed Solution: by Jessica Lothman On 12-29-2017
    Uber is a large enough company and has the resources necessary to not only understand federal regulations but also how to appropriately code its technology to follow the regulations. Assuming Uber India is a subsidiary of Uber, it is responsible for addressing this issue from abroad in the States. Uber should pay for the claim costs, any international fees actually incurred by the client, immediately stop the texts, and pay an agreed upon amount per text message received (perhaps something between 100-200 per text).
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Is this a fair resolution?
  • 1
  • Contributed Solution: by Jim Wicks On 12-28-2017
    The claimant should be compensated for the annoyance and distress: cash or credit; amount to be negotiated between the parties.
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Is this a fair resolution?
  • 0
  • Contributed Solution: by Salmon Koenig On 12-28-2017
    I think the claimant's demands are basically fair in view of federal and state penalties for for spam via text per event. However if Uber would be willing to offer $5K of credit for Uber rides I would recommend that as a fair resolution.
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  • 1
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