Jan 13 (Reuters) - Uber Technologies ( UBER ) has filed a lawsuit
claiming that a novel Colorado law requiring transportation
services to disclose certain information to drivers at the end
of a trip violates its free speech rights under the U.S.
Constitution.
Uber ( UBER ) in a complaint filed in Denver federal court on
Saturday said the law, which is set to take effect Feb. 1, is
designed to spread inaccurate information and "shame" the
company and its competitors into changing their practices.
Among other requirements, the law mandates that
"transportation network companies" like Uber ( UBER ) and Lyft ( LYFT ) disclose
to drivers the total amount a passenger paid for a trip, the
share paid to the driver, and the amount of any tips.
The information must be provided immediately on a single
screen and "in a font that is larger than the font used to
present any other information on the screen."
The law is the first of its kind in the country and
represents the latest effort in a decade-long campaign to extend
many of the legal rights granted to companies' employees to
drivers for app-based services and other "gig" workers, who are
typically treated as independent contractors.
But Uber ( UBER ) says that without more context, such as accounting
for tolls and insurance paid for by the company, the information
it must disclose under Colorado's law could be misleading.
"At bottom, this disclosure requirement is a veiled attempt
at shaming Uber ( UBER ), and similarly situated companies, into changing
its fees and causing unnecessary uproar around inaccurate data,"
Uber ( UBER ) said in the lawsuit.
The Colorado Department of Labor and Employment, which will
enforce the law and is named as a defendant, declined to
comment. The office of Governor Jared Polis, a Democrat also
named in the lawsuit, did not immediately respond to a request
for comment on Monday.
Uber ( UBER ) also filed a motion for a temporary restraining order
that would block the disclosure requirements from taking effect
while the case plays out.
The lawsuit claims that Colorado's law violates Uber's ( UBER )
rights to free speech and free association under the First
Amendment of the U.S. Constitution.
The law also requires companies to disclose their policies
for terminating or deactivating drivers and for reconsidering
those decisions, and to disclose the fare, distance, and
direction of trips to drivers before they accept rides. It also
requires companies to disclose certain aggregate information to
the state, such as total mileage driven and data about
deactivated drivers. Uber ( UBER ) is not challenging those provisions.
The case is Uber Technologies ( UBER ) v. Moss, U.S. District Court
for the District of Colorado, No. 1:25-cv-00096.
For Uber ( UBER ): Frederick Yarger, Katie Reilly and Virginia
Creighton of Wheeler Trigg O'Donnell; Michael Gottlieb, Jeremy
Bylund, Simona Agnolucci, Jonathan Patchen, Argemira Florez and
Alyxandra Vernon of Willkie Farr & Gallagher
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