FEDERAL TRADE COMMISSION
Washington, DC 20580
In the Matter of

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Uber Technologies, Inc.

Complaint, Request for Investigation, Injunction, and Other Relief
Submitted by
The Electronic Privacy Information Center
I. Introduction
1.

This complaint concerns proposed changes in the business practices of Uber,1 the
largest “ridesharing” service in the United States2. In less than four weeks, Uber
will claim the right to collect personal contact information and detailed location
data of American consumers, even when they are not using the service.3 These
changes ignore the FTC’s prior decisions, threaten the privacy rights and personal
safety of American consumers, ignore past bad practices of the company involving
the misuse of location data, pose a direct risk of consumer harm, and constitute an
unfair and deceptive trade practice subject to investigation by the Federal Trade
Commission.
II. Parties

2.

The Electronic Privacy Information Center (“EPIC”) is a public interest research
center located in Washington, D.C. EPIC focuses on emerging privacy and civil
liberties issues and is a leading consumer advocate before the FTC. EPIC has a
particular interest in protecting consumer privacy and has played a leading role in

1

Katherine Tassi, An Update On Privacy at Uber, UBER.COM, (May 28, 2015),
http://newsroom.uber.com/2015/05/an-update-on-privacy-at-uber/.
2
Daniel Miller, Lyft vs. Uber: Just How Dominant Is Uber in the Ridesharing Business?, THE MOTLEY
FOOL (May 24, 2015), http://www.fool.com/investing/general/2015/05/24/lyft-vs-uber-just-how-dominantis-uber-ridesharing.aspx. The term “ridesharing” is frequently used to describe Uber. But of course Uber is
a massive, commercial transportation service; passengers pay for rides, drivers receive a fee for each ride,
and Uber collects a substantial fee and an enormous amount of personal data from the provision of the
service. To describe Uber as a “sharing service” is akin to describing a hybrid dinosaur as a “theme park
attraction.” See Jurassic World.
3
Id; see also Privacy Statements, UBER.COM, https://www.uber.com/legal/privacy-proposed/users/en (last
visited June 14, 2015).

In re: Uber and Consumer Privacy,
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EPIC Complaint
June 22, 2015

 developing the authority of the FTC to address emerging privacy issues and to
safeguard the privacy rights of consumers,4 EPIC’s complaint concerning Google
Buzz provided the basis for the investigation and subsequent settlement in which
the Commission found that “Google used deceptive tactics and violated its own
privacy promises to consumers when it launched [Buzz].”5 The Commission’s
settlement with Facebook also followed from a Complaint filed by EPIC and a
coalition of consumer privacy organizations.6
3.

Uber is an American company incorporated in Delaware since 2010.7 Uber’s
primary place of business is 1455 Market St., Suite 400, San Francisco, CA 94103.8
The Uber app allows the company to collect detailed personal information from
consumers.9
III. Factual Background

A. Uber’s Business Practices Affect Millions of Consumers
4.

Uber is a massive transportation company that pays local drivers to provide rides for
hire based on the collection of detailed customer information, including location
data, and payment and billing information.10

4

See, e.g., Letter from EPIC Exec. Dir. Marc Rotenberg to FTC Comm’r Christine
Varney (Dec. 14, 1995) (urging the FTC to investigate the misuse of personal information by the
direct marketing industry), http://epic.org/privacy/internet/ftc/ftc_letter.html; DoubleClick, Inc., FTC File
No. 071-0170 (2000) (Complaint and Request for Injunction, Request for Investigation and for Other
Relief), http://epic.org/privacy/internet/ftc/DCLK_complaint.pdf; Microsoft Corporation, FTC File No. 012
3240 (2002) (Complaint and Request for Injunction, Request for Investigation and for Other Relief),
http://epic.org/privacy/consumer/MS_complaint.pdf; Choicepoint, Inc., FTC File No. 052-3069 (2004)
(Request for Investigation and for Other Relief), http://epic.org/privacy/choicepoint/fcraltr12.16.04.html.
5
Press Release, Federal Trade Comm’n, FTC Charges Deceptive Privacy Practices in Google’s Rollout of
Its Buzz Social Network (Mar. 30, 2011), http://ftc.gov/opa/2011/03/google.shtm (“Google’s data practices
in connection with its launch of Google Buzz were the subject of a complaint filed with the FTC by the
Electronic Privacy Information Center shortly after the service was launched.”).
6
In the Matter of Facebook, Inc., (2009) (EPIC Complaint, Request for Investigation, Injunction, and Other
Relief), https://epic.org/privacy/inrefacebook/EPIC-FacebookComplaint.pdf [hereinafter EPIC 2009
Facebook Complaint]; In the Matter of Facebook, Inc., (2010) (EPIC Supplemental Materials in Support of
Pending Complaint and Request for Injunction, Request for Investigation and for Other Relief),
https://epic.org/privacy/inrefacebook/EPIC_Facebook_Supp.pdf [hereinafter EPIC 2009 Facebook
Supplement]; In the Matter of Facebook, Inc., (2010) (EPIC Complaint, Request for Investigation,
Injunction, and Other Relief) , https://epic.org/privacy/facebook/EPIC_FTC_FB_Complaint.pdf
[hereinafter EPIC 2010 Facebook Complaint].
7
General Information Name Search, Delaware Department of State: Division of Corporations,
https://delecorp.delaware.gov/tin/controller (last visited June 12, 2015)
8
Official Rules for Uber Contests and Sweepstakes, UBER.COM (May 2, 2015),
http://newsroom.uber.com/uberidsweepstakes/.
9
Company Overview of Uber Technologies, Inc., BLOOMBERG BUSINESS (June 12, 2015),
http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=144524848.
10
John Patrick Pullen, Everything You Need to Know About Uber, TIME (Nov. 4, 2014),
http://time.com/3556741/uber/.

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EPIC Complaint
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 5.

Uber has over 8 million users worldwide11 and, with approximately 150 U.S.
markets12 and 160,000 American drivers,13 is one of the largest transportation
services in the USA.

6.

In March 2015, Uber accounted for almost half of all rides expensed by employees
whose companies use Certify, the second-largest provider of travel and expense
management software in North America.14 In March 2014, Uber accounted for only
15% of companies that use Certify – a jump of nearly 35%. In some cities, such as
San Francisco and Dallas, Uber accounts for the majority of such rides.15

7.

The company collects detailed personal information, including email, password,
name, mobile phone number, zip code, and credit card information; “usage
information,” such as browser and URL; and “device identifiers,” such as IP
address, GPS coordinates, and cookies.16

8.

Uber claims that it may disclose sensitive personal information to third parties,
unaffiliated with the provision of the services to the customer.17

9.

A top Uber executive in New York City was investigated for tracking the location of
journalists reporting on the company.18 The practice was specifically intended to
identify and track critics of the company,

10. Prior to the emergence of Uber and other similar services, American consumers
could routinely hire taxis without any disclosure of personal information or any
tracking of their location.
B. Uber’s Official Statements Purport to Respect User Privacy
11. Uber revised its “Privacy Policy” on May 28, 2015. Under the revised terms of use,
Uber claims that “users will be in control: they will be able to choose whether to
share the data with Uber.”19
11

Lauren Moss, Uber Spearheads Growth of The Shared Economy in Mexico, GLOBAL DELIVERY REPORT
(July 9, 2014), http://globaldeliveryreport.com/uber-spearheads-growth-of-the-shared-economy-in-mexico/.
12
Cities, UBER.COM, https://www.uber.com/cities (last visited June 12, 2015).
13
Chris O’Brien, Princeton economist explains why we should all stop worrying and learn to love Uber,
VENTUREBEAT (Jan. 22, 2015), http://venturebeat.com/2015/01/22/inside-ubers-staggering-u-s-growth40000-drivers-joined-in-december-and-average-19-per-hour/.
14
Brad Stone, Uber is Winning over Americans' Expense Accounts, Bloomberg, (June 19, 2015),
http://www.bloomberg.com/news/articles/2015-04-07/uber-is-winning-over-americans-expense-accounts.
15
Id.
16
Legal, UBER, https://www.uber.com/legal/usa/privacy (last visited June 19, 2015).
17
Id.
18
Johana Bhuiyan & Charlie Warzel, “God View”: Uber Investigates Its Top New York Executive For
Privacy Violations, BUZZFEED (Nov. 18, 2014), http://www.buzzfeed.com/johanabhuiyan/uber-isinvestigating-its-top-new-york-executive-for-privacy#.scM0ymqne.
19
Tassi, supra note 1.

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EPIC Complaint
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 12. Specifically, the revised privacy policy states:
Location Information: When you use the Services for transportation
or delivery, we collect precise location data about the trip from the
Uber app used by the Driver. If you permit the Uber app to access
location services through the permission system used by your mobile
operating system (“platform”), we may also collect the precise location
of your device when the app is running in the foreground or
background. We may also derive your approximate location from your
IP address.
Contacts Information: If you permit the Uber app to access the
address book on your device through the permission system used by
your mobile platform, we may access and store names and contact
information from your address book to facilitate social interactions
through our Services and for other purposes described in this Statement
or at the time of consent or collection.
Important Information About Platform Permissions: Most mobile
platforms (iOS, Android, etc.) have defined certain types of device data
that apps cannot access without your consent. And these platforms have
different permission systems for obtaining your consent. The iOS
platform will alert you the first time the Uber app wants permission to
access certain types of data and will let you consent (or not consent) to
that request. Android devices will notify you of the permissions that the
Uber app seeks before you first use the app, and your use of the app
constitutes your consent. 20
13. Uber further stated, “We care deeply about the privacy of our riders and drivers. It’s
why we’re always looking at ways to improve our practices.”21
14. In a statement released on May 28, 2015, Uber stated that the company will
routinely collect user location data because “location data is essential to connect
drivers to riders, while features like ‘Split Fare’22 only work if Uber has access to a
rider’s contact details.”23

20

Privacy Statements, UBER.COM, https://www.uber.com/legal/privacy-proposed/users/en (last visited June
14, 2015) (emphasis added).
21
Id.
22
Riders can split the fare of the ride by choosing the “Split Fare” option within the Uber app. They then
select one of their phone’s contacts and tap a link within the app to send a message the person requesting to
split the fare of the ride. If the contact confirms the ride fare may be split, then Uber will charge the riders
equally. Brian, Fare Splitting = Fair Splitting, UBER.COM (July 15, 2013),
http://newsroom.uber.com/2013/07/faresplit/.
23
Tassi, supra note 1.

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EPIC Complaint
June 22, 2015

 15. An Uber spokesperson stated that tracking passengers in real time and accessing
users’ address books are merely “potential new use cases” of its customers’ data.
“We are not currently collecting this data and have no plans to start on July 15. . . .If
we decide to ask for these permissions, users will be in control and choose whether
they want to share the data with Uber.” The spokesperson stated that if the company
ever launches those features, the app would still work even if the user opts out of the
above uses.24
16. But virtually everyone who has reviewed the proposed changes in business practices
has understood that the company plans even more expansive and more invasive uses
of personal data even after it has engaged in egregious practices with the personal
data in it possession. As one writer observed:
The car booking company now more clearly tells its customers it can
pretty much track everything they do while using the Uber app, after
facing criticism over privacy, especially its use of a tool called God View
enabling the company to know where its riders were at any given
moment.25
C. Uber’s Revised Business Practices Will Allow the Company to Routinely Track
the Location of Internet Users Even When They are not Customers of Uber
17. Uber’s revised privacy policy creates several risks for American consumers. 26
18. Uber will now collect the precise location of the user when the app is running in the
foreground through traditional GPS location services.27
19. Uber will also collect precise location information if the app is operating in the
background.28 On phones running iOS, this means that Uber may be able collect
location data even after an app has been terminated by the user.29
24

Id.
See, e..g, Eric Newcomer, “Uber Broadens Rider Privacy Policy, Asks for New Permissions,” Bloomberg
Business, May 28, 2015, http://www.bloomberg.com/news/articles/2015-05-28/uber-broadens-riderprivacy-policy-asks-for-new-permissions
26
Natasha Singer, Sharing Data, But Not Happily, NYTIMES.COM (June 4, 2015),
http://www.nytimes.com/2015/06/05/technology/consumers-conflicted-over-data-mining-policies-reportfinds.html
27
See Privacy Statements, supra note 19.
28
Privacy Statements, supra note 19; see also Receiving Location Updates, ANDROID DEVELOPERS,
https://developer.android.com/training/location/receive-location-updates.html (last visited June 19, 2015)
(“Consider whether you want to stop the location updates when the activity is no longer in focus, such as
when the user switches to another app or to a different activity in the same app.”) (emphasis added).
29
Background Execution, IOS DEVELOPER LIBRARY (Sept. 17, 2014),
https://developer.apple.com/library/ios/documentation/iPhone/Conceptual/iPhoneOSProgrammingGuide/B
ackgroundExecution/BackgroundExecution.html. (“If the app starts this service and is then terminated, the
system relaunches the app automatically when a new location becomes available.”)
25

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EPIC Complaint
June 22, 2015

 20. Even if a user disables the GPS location services on their phone, the company may
still derive approximate location from riders’ IP addresses.30
21. This collection of user’s information far exceeds what customers expect from the
transportation service. Users would not expect the company to collect location
information when customers are not actively using the app, or have turned off their
GPS location finder (as Uber can still collect location information through the
phones’ IP addresses).
22. Further, given Uber’s statement that it will collect location data from a user’s device
only “[i]f you permit it to,”31 a user would reasonably assume that the company
does not track his or her location by other means. In fact, Uber may continue to
“derive your approximate location from your IP address.”32
23. Uber claims that it can use that information for additional purposes, to which the
individuals in the contact list have not consented. 33 Such purposes may include
“facilitating social interactions,”34 and “allow[ing] Uber to launch new promotional
features that use contacts – for example the ability to send special offers to riders’
friends or family.”35
24. Uber claims that it will allow users to opt-out of these features. However, this
change in business practices places an unreasonable burden on consumers and is not
easy to exercise: while iOS users can later disable the contact syncing option by
changing the contacts setting on their mobile devices, the Android platform does not
provide any such setting.36
25. These statements could lead users to believe that that they can choose to not
share location data with the company after downloading the app, which is
not true.

30

John Ribeiro, Uber Revises Privacy Policy, Wants More Data From Users, NETWORKWORLD.COM (May
28, 2015), http://www.networkworld.com/article/2928513/uber-revises-privacy-policy-wants-more-datafrom-users.html.
31
Privacy Statements, UBER.COM, https://www.uber.com/legal/privacy-proposed/users/en (last visited June
14, 2015).
32
Id.
33
Mariella Moon, Uber Will Let Drivers Track Your Location, But Only If You Agree (Update),
ENGADGET.COM (May 31, 2015), http://www.engadget.com/2015/05/31/uber-privacy-policy-changes/.
34
Privacy Statements, supra note 19.
35
Dara Kerr, Uber Updates Privacy Policy, But Can Still Track Users, CNET (May 29, 2015),
http://www.cnet.com/news/uber-updates-privacy-policy-but-can-still-track-users/.
36
Sunainaa Chadha, If You Have An Android Phone, Uber’s New Privacy Policy Will Spook You,
FIRSTPOST.COM, (May 29, 2015), http://www.firstpost.com/business/android-phone-ubers-new-privacypolicy-will-spook-2269042.html.

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EPIC Complaint
June 22, 2015

 26. Uber’s representation that “users will be in control: they will be able to choose
whether to share the data with Uber”37 is contradicted by the change in business
practices Uber plans to implement on July 15, 2015.
D. Uber Regularly Abuses Its Access to Customer Location Data
27. Uber has a history of abusing the location data of its customers. Until recently,
individual employees could use “God View,” an “easily accessible” internal
company tool, to obtain a specific user’s real-time and historic location without the
customer’s knowledge.38
28. One anonymous employee said that “[w]hat an Uber employee would have [access
to] is everything, complete.”39 Staff across the company could access a customer’s
name, immediate location data, and Uber trip logs. 40 With God View, they could
track a rider as she moved.
29. Uber used God View when Uber employees tracked a Buzzfeed journalist doing a
story on the company. Unprompted and without permission, an Uber employee
emailed the logs of some of the journalist’s Uber trips, which included time stamps
and Uber communications.41
30. An Uber general manager also tracked the journalist in real time as she traveled to
an interview. She wrote that he was waiting for her when the vehicle pulled up,
saying “[t]here you are. I tracking you” as he motioned to his iPhone.42
31. Job interviewees have been granted provisional access all the customer location data
available to full-time employees, allowing non-Uber employees to temporarily track
any customer.43 One such interviewee was granted this access for an entire day,
even after the job interview ended. He admitted using the database to search records
of people he knew, including politician’s relatives.44
32. At the 2011 Uber Chicago launch party, the company displayed a large real-time
map of New York City on a screen, allowing guests to visually track named Uber
37

Id.
Johana Bhuiyan & Charlie Warzel, “God View”: Uber Investigates Its Top New York Executive For
Privacy Violations, BUZZFEED (Nov. 18, 2014), http://www.buzzfeed.com/johanabhuiyan/uber-isinvestigating-its-top-new-york-executive-for-privacy#.scM0ymqne [hereinafter, Bhuiyan & Warzel, “God
View”].
39
Craig Timberg, Is Uber’s Rider Database a Sitting Duck for Hackers?, WASH. POST (Dec. 1, 2014),
http://www.washingtonpost.com/blogs/the-switch/wp/2014/12/01/is-ubers-rider-database-a-sitting-duckfor-hackers/ [hereinafter, Timberg, Rider Database].
40
Bhuiyan & Warzel, “God View”, supra.
41
Id.
42
Id.
43
Timberg, Rider Database, supra.
44
Id.
38

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EPIC Complaint
June 22, 2015

 passengers who were riding in Uber cabs at the time, without the users’ permission
or knowledge.45
33. At a dinner in November 2014, Uber Senior Vice President Emil Michael
announced a plan to spend $1 million to have Uber opposition researchers
investigate information on the “personal lives [and] families” of journalists who
criticized Uber.46 He went on to say that the researchers should particularly
investigate and disseminate the private life details of a specific female tech
journalist.47
34. In a blog post titled “Rides of Glory,” Uber reported that it “examined its rider data,
sorting it for anyone who took an Uber between 10 p.m. and 4 a.m. on a Friday or
Saturday night. Then it looked at how many of those same people took another ride
about four to six hours later – from at or near the previous nights' drop-off point. . . .
Consider it the Uber walk of shame.”48
35. The company has released a statement that its privacy policy internally “applies to
all employees: access to and use of data is permitted only for legitimate business
purposes. Data security specialists monitor and audit that access on an ongoing
basis.”49However, as seen above, what Uber considers to be “legitimate business
purposes” is far broader than the average customers would imagine.
E. Uber Customers Object to Uber’s Revised Business Practices
36. Commenter jameskatt2 noted that Uber’s new policy “is very creepy. Uber now
wants to track your location at all times. That could be a useful resource for the
police, FBI, NSA, hackers, etc.”50
37. User John b. wrote, “iOS allows to turn off location tracking, etc. at the app level
(Privacy -> Location Services). And this is why that’s needed. “While Using” is one

45

Peter Sims, Can We Trust Uber?, MEDIUM (Sept. 26, 2014), https://medium.com/silicon-guild/can-wetrust-uber-c0e793deda36.
46
Craig Timberg, et al. Uber Executive Stirs Up Privacy Controversy, WASH. POST (Nov. 18, 2014),
available at http://www.washingtonpost.com/business/technology/uber-executive-stirs-up-privacycontroversy/2014/11/18/d0607836-6f61-11e4-ad12-3734c461eab6_story.html [hereinafter, Timberg,
Executive].
47
Ben Smith, Uber Executive Suggests Digging Up Dirt on Journalists, BUZZFEED (Nov. 17, 2014),
http://www.buzzfeed.com/bensmith/uber-executive-suggests-digging-up-dirt-on-journalists#.riGAqAn55a
48
Kai Ryssdal, Uber's data makes a creepy point about the company, MARKETPLACE (Nov. 18, 2014),
available at http://www.marketplace.org/topics/business/final-note/ubers-data-makes-creepy-point-aboutcompany.
49
Id.
50
jameskatt2, Comment to Uber to allow background location tracking in privacy policy update, APPLE
INSIDER (May 31, 2015, 01:26 PM), http://appleinsider.com/articles/15/05/29/uber-to-allow-backgroundlocation-tracking-in-privacy-policy-update.

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EPIC Complaint
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 thing, “Always” is something else entirely. There is no valid reason for apps like
these to have 24/7 location data. Same things with Contact data. . . . SMH.”51
38. User BeowultSchmidt posted: “Well, that pretty much settles the question of me
ever using Uber, as either a passenger or a driver.”52
39. User gcv posted:
I contacted Uber to ask about opting out of its having access to my
personal contacts which enables Uber to send those people spam and
unsolicited marketing emails. The whole concept really, really makes me
angry. The response I got was that all of the information collected is
encrypted so I shouldn’t worry - which evaded the entire point. I don’t
give a rip if it is encrypted. Uber should not have this sort of access.
(Maybe it’s Uber’s version of The Patriot Act and the ability to
unjustifiably collect droves of personal information on us all.)
I don’t want companies trolling my personal data like contacts, and
using it essentially harrass (sic) my friends and family. If I can’t opt out
I will no longer use Uber. This new policy is the ultimate in sleazy
business practices. It is not like Uber doesn’t make money from other
means, like the fares we users pay to use the service.
I think this comes down to unmitigated greed, and the ability to sell that
data base when Uber has its IPO.53
40. User Rayz wrote, “Wouldn’t tracking constantly drain the phone batter? And they
need to bolster their ethics team, not the legal department.”54
41. User Jeff Allen told the New York Times, “I think it’s none of their business where I
am up until the moment when I elect to use their service.”55

51

john.b, Comment to Uber to allow background location tracking in privacy policy update, APPLE
INSIDER (May 29, 2015, 06:10 PM), http://appleinsider.com/articles/15/05/29/uber-to-allow-backgroundlocation-tracking-in-privacy-policy-update.
52
beowulfschmidt, Comment to Uber to allow background location tracking in privacy policy update,
APPLE INSIDER (May 31, 2015 07:44 AM), http://appleinsider.com/articles/15/05/29/uber-to-allowbackground-location-tracking-in-privacy-policy-update.
53
gcv, Comment to Uber to allow background location tracking in privacy policy update, APPLE INSIDER
(May 30, 2015, 09:17 PM), http://appleinsider.com/articles/15/05/29/uber-to-allow-background-locationtracking-in-privacy-policy-update.
54
rayz, Comment to Uber to allow background location tracking in privacy policy update, APPLE INSIDER
(May 29, 2015, 11:54 PM), http://appleinsider.com/articles/15/05/29/uber-to-allow-background-locationtracking-in-privacy-policy-update.
55
Natasha Singer, Sharing Data, but Not Happily, N.Y. TIMES, June 4, 2015, at B1, available at
http://www.nytimes.com/2015/06/05/technology/consumers-conflicted-over-data-mining-policies-reportfinds.html?_r=1.

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 42. Twitter user Matt Keish wrote, “Read this, then walk everywhere.
https://www.uber.com/legal/privacy-proposed/users/en. . . .”56
43.

User SpiderOak posted, “Let's go with definitely not necessary: ‘Are Uber's New
#Privacy Changes Creepy Or Necessary?’”57

44. User Jeffrey Paul wrote, “Uber admits to stealing your whole address book.”58
45. Uber driver and Twitter user @driver_mack noted “Uber's new driver privacy
policy says they can share my info to general public if I blog or tweet. Amongst
many other worrying things.”59
46. User Richard Regen wrote, “Just when you thought you got back a little privacy
after the Patriot Act expired, you lost it all in @Uber’s new privacy statement.”60
47. User E.J. Coughlin posted, “Uber’s new privacy statement: ‘Privacy is an
illusion.’”61
48. User Jamie Boudreau commented, “I like that if someone else is connected to you
they still get your info as they'll comb through their contacts. . . .”62
49. User @nakish19_77 posted, “If you have an Android phone, Uber’s new privacy
policy will spook you.”63 @nakish19_77 posted further, “Uber revises privacy
policy, wants more #data from users.”64
50. User ReggieVaitz wrote, “Once u use @uber u sign away ur privacy!!” 65

56

Matt Keish (@mattro), TWITTER (June 9, 2015, 5:25 PM),
https://twitter.com/mattro/status/608429628324257792.
57
@SpiderOak, TWITTER (June 9, 2015, 6:16 AM),
https://twitter.com/SpiderOak/status/608261262703624192.
58
Jeffrey Paul (@sneakatdatavibe), TWITTER (June 8, 2015, 4:21 PM),
https://twitter.com/sneakatdatavibe/status/608051128656347136.
59
@driver_mack, TWITTER (June 4, 2015, 4:16 PM),
https://twitter.com/driver_mack/status/606600429380767744.
60
Richard Regen (@realrichregen), TWITTER (June 8, 2015, 1:35 PM),
https://twitter.com/realrichregen/status/608009501069950977.
61
E.J. Coughlin (@ejc), TWITTER (June 8, 2015, 1:52 PM),
https://twitter.com/ejc/status/608013765787815937.
62
Jamie Boudreau (@JamieBoudreau), TWITTER (June 8, 2015, 2:54 PM),
https://twitter.com/JamieBoudreau/status/608029243621015552.
63
@nakish19_77, TWITTER (June 1, 2015, 7:21 AM),
https://twitter.com/Nakish19_77/status/605378696866885633.
64
@nakish19_77, TWITTER (June 1, 2015, 6:49 PM),
https://twitter.com/Nakish19_77/status/605551695637135360.
65
ReggieVaitz (@ReggieVaitz), TWITTER (June 2, 2015, 9:24 AM),
https://twitter.com/ReggieVaitz/status/605771871636713473.

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 51. User Lawrence Mulligan posted, “@Uber 's new privacy statement could also be
described as a no-privacy statement @PandoDaily @mashable @SFGate.”66
52. Twitter user Michael Keller, wrote:
Uber’a new geolocation terms show why opt-in / out is a broken privacy
concept:
[attached image reads:] “The company’s new privacy policy, scheduled to
take effect on July 15, says that if customers permit the Uber app to
connect to location data, the app may collect the precise locations of their
devices whether the app is running in the foreground or the background.
Whether or not customers turn on that permission, the app still may deduce
their general location based on other signals from their devices.
And, if consumers use the ride-hailing app on or after that date, the
company will conclude that they have read and agreed to the terms, Uber
said in a recent email to customers.
In other words, Uber customers may resign themselves to having their data
extracted — or forgo the service altogether.”67
53. Belgian law professor Anne-Lise Sibony posted, “Time to think about your own
privacy v convenience tradeoff #Uber.”68
54. User Javier Blanco H. posted, “#Uber’s new privacy policy admits that riders have
no privacy.”69
55. User Christopher Silsby wrote, “As if their privacy violation, lack of regulation, and
harassment of reporters weren't enough reason to dislike Uber.” 70
56. Twitter user @injudiciouslex posted, “Users personal tracking with opt in not much
relief following the ‘god view’ and ‘rides of glory’ privacy breaches.” 71

66

Lawrence Mulligan (@lawkercai), TWITTER (June 11, 2015, 10:56 AM),
https://twitter.com/lawkercai/status/609056742119473153.
67
Michael Keller (@mhkeller), TWITTER (June 4, 2015, 2:22 PM),
https://twitter.com/mhkeller/status/606571825385095169 (quoting Singer, supra note 37).
68
Anne-Lise Sibony (@AnneLiseSibony), TWITTER (May 31, 2015, 12:25 PM),
https://twitter.com/AnneLiseSibony/status/605092634294661121.
69
Javier Blanco H. (@JavierBlancoH), TWITTER (June 1, 2015, 7:00 AM),
https://twitter.com/JavierBlancoH/status/605373405102272512.
70
Christopher Silsby (@silsbyc), TWITTER (June 1, 2015, 4:08 AM),
https://twitter.com/silsbyc/status/605330071641944065.
71
@injudiciouslex, TWITTER (May 31, 2015, 6:35 PM),
https://twitter.com/injudiciouslex/status/605185926973628416.

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 F. Uber Fails to Take Adequate Security Measures to Protect Its Database of User
Information
57. Uber proposes to changes its business practices with this revised privacy policy:
We may transfer the information described in this Statement to, and
process and store it in, the United States and other countries, some of
which may have less protective data protection laws than the region in
which you reside. Where this is the case, we will take appropriate
measures to protect your personal information in accordance with this
Statement.72
58. However, multiple security experts have stated that Uber is the largest ever “cyberespionage target” of its kind (taxi, car service, or other such private entity).73 Uber is
a popular service in Washington, D.C., having accounted for more than 60% of
Congressional rides under $100 during the 2014 mid-term Congressional campaign
season.74
59. In spring 2014, Uber suffered data breach that potentially exposed over 50,000
former and current drivers’ names and license plates. The company did not discover
the breach until September 17, 2014 and failed to notify the drivers until February
27, 2015.75
60. A cyber-security expert at the Center for Strategic and International Studies, said
that Uber customers’ personal information is “likely vulnerable” to a hack.76
61. A Washington Post reporter wrote that Uber’s data represents a significant
“cybersecurity risk of collected massive troves of private travel information in
online databases.”77
G. Privacy Experts Identify Uber’s Customer Location Abuses As Particularly
Egregious
62. Bruce Schneier, the author of Data and Goliath: The Hidden Battles to Collect Your
Data and Control Your World (Norton 2015), pointed to Uber’s God View as a
prime reason for why the Federal Trade Commission should act to protect consumer

72

Privacy Statements, supra note 619.
Id.
74
Tom Kise, Congress Votes Uber, Hamilton Place Stategies (Nov. 2014), available at
http://www.hamiltonplacestrategies.com/news/uber-congress-new-private-driver.
75
Tracey Lien, Uber Security Breach May Have Affected Up to 50,000 Drivers, LA TIMES (Feb. 27, 2015),
available at http://www.latimes.com/business/technology/la-fi-tn-uber-data-breach-20150227-story.html.
76
Timberg, Rider Database, supra note 21.
77
Timberg, Rider Database, supra note 21.
73

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 privacy. Following the revelation that Uber used God View to track riders, Schneier
wrote:
None of us wants to be stalked -- whether it's from looking at our location
data, our medical data, our emails and texts, or anything else -- by friends
or strangers who have access due to their jobs. Unfortunately, there are
few rules protecting us. . . .
As long as we have to give our data to companies and government
agencies, we need assurances that our privacy will be protected.
Moreover, we need legal limits on what can be done with our data .
. . . Making these changes doesn't require an act of Congress. It's
something that the Federal Trade Commission can do . . . As long
as companies are collecting and storing our data, they need to be
held to standards of security and professionalism.78
63. Even after the audit following the God View fiasco, Bruce Schneier said there were
“questions unanswered” about Uber’s surveillance power and stated he “saw
nothing in their statements” to alleviate privacy concerns.79
64. Privacy experts have also explained that Uber’s data collection practices are
excessive. Marc Rotenberg, the President of EPIC, and Julia Horwitz, Consumer
Privacy Director at EPIC, previously warned:
The app model is also a data vacuum, gathering detailed
information about users and drivers that that the company controls.
Much of the data collection is excessive. For example, […] the
Uber privacy policy also reveals that the company collects the IP
addresses, manufacturers, and operating systems of users’ phones.
Uber collects information about the mobile web browsers used by
its customers, exchanges data with advertisers, and tracks users
across the Internet.80
65. Rotenberg and Horwitz have also described model privacy laws for Uber and other
ridesharing services:
What would the law do? First, Uber would be limited in the type of
personal information it can collect. Payment information is obvious, as is
travel information. But beyond those categories, the burden would be on
Uber to justify the collection of personal data. Second, Uber would be
78

Bruce Schneier, Why Uber’s ‘God View’ is Creepy, CNN (Dec. 4, 2014)
http://www.cnn.com/2014/12/04/opinion/schneier-uber-privacy-issue/.
79
Frizell, supra note 13.
80
Julia Horwitz & Marc Rotenberg, Privacy Rules for Uber, THE HUFFINGTON POST (Dec. 12, 2014),
http://www.huffingtonpost.com/julia-horwitz/privacy-rules-for-uber_b_6304824.html.

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 required to delete passenger information after it was no longer needed. It
seems obvious that once the ride is completed, Uber should delete the
travel records. Third, users should be able to access at any time a complete
record of all of the information Uber has about them: all of the records and
logs and advertising promotions. If Uber has information about
passengers, they should know what Uber knows.81
66. “It’s a huge trove of data that could be used for a whole number of uses,” said
Christopher Parsons, a digital privacy expert at Citizen Lab, a research center at the
University of Toronto.82
67. Other cyber security experts, such as Lorrie Faith Cranor, director of the CyLab
Usable Privacy and Security Laboratory at Carnegie Mellon University, have noted
that, “This is written in a way to protect themselves from liability” and “[t]his is a
company that collects and uses a lot of data.”83
H. Members of Congress and Others Have Expressed Concern About Uber’s
Business Practices
68. Senator Al Franken has confronted Uber directly about the company’s data
collection practices. After Uber’s use of God View was exposed, Senator Franken
asked Uber to account for the “scope, transparency, and enforceability” of Uber’s
data collection practices. 84 He was especially troubled because “there appears to be
evidence of inconsistent practices with the polic[ies].”
69. Following Uber’s cursory reply85, Senator Franken wrote again to the company,
demanding that it provide a more detailed reply, including how many Uber
employees have access to Uber’s God View program and why Uber’s employees
need access to God View at all.86
70. Senator Claire McCaskill and Senator Bill Nelson wrote to Uber and demanded a
response to their “concerns about [Uber’s] data practices and its commitment to the
81

Id.
Timberg, Rider Database, supra note 21.
83
Eric Newcomer, Uber Broadens Rider Privacy Policy, Asks for New Permissions, BLOOMBERG, May 28,
2015, http://www.bloomberg.com/news/articles/2015-05-28/uber-broadens-rider-privacy-policy-asks-fornew-permissions.
84
Letter from Al Franken, Chairman, S. Comm. on Privacy, Technology, and the Law, to Travis Kalanick,
Chief Exe. Officer, Uber Technologies, Inc. (Nov. 19, 2014), available at
http://www.franken.senate.gov/files/letter/141119UberLetter.pdf.
85
Letter from Katherine M. Tassi, Managing Privacy Counsel, Uber Technologies, Inc., to Al Franken,
Chairman, S. Comm. on Privacy, available at
http://www.franken.senate.gov/files/documents/141215UberResponse.pdf.
86
Maya Kosoff, “Al Franken goes after Uber again, and he's pressing for better answers about customer
privacy,” Jan. 30, 2015, http://www.businessinsider.com/al-franken-sends-uber-another-letter-20151#ixzz3dhxeShfz
82

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 terms of its own privacy policy,” especially in regards to tracking user location and
accessing user data.87
71. Senator Cory Booker has also cautioned that “ride hailing services […] shouldn't be
exempt from regulations that ensure consumer safety and privacy.”88
72. California State Assemblymember Ed Chau has introduced Assembly Bill 866, state
legislation that would protect the privacy rights of Californians who use
“transportation network companies” such as Uber. 89 Assemblymember Chau
explained:
Limiting the data collected by ridesharing mobile applications does
not reduce the functionality and availability to consumers that use
and love them. On the contrary, this legislation is not about
limiting the consumer, it is about giving the consumer ownership
of their privacy, which can be the subject of abuse under certain
circumstances. It's time to put the consumer in the driver seat when
it comes to who controls their personal information instead of
having them take a backseat!90
73. Jeremy Pollock, a legislative aide to San Francisco Supervisor John Avalos,
commented, “They have this bullying attitude like they can do whatever they want
and they have a vindictive attitude toward people who get in their way.”91
H. Uber Regularly Abuses Its Access to User Telephone Numbers
74. Uber also regularly sends out unsolicited text messages to customers and to
customers’ contact lists.
75. Regarding the disclosure of user information to third parties, Uber's currently states
that user information will only be disclosed in two circumstances. First, participants
may use a referral service, which the policy states will prompt a one-time email to
participants' contacts, inviting them to join Uber. Second, where the “split a trip
fare” option is chosen, a text message will be sent to the party with whom the user
wishes to split the fare, who may accept or decline the request to split. Uber states
87

Claire McCaskill and Bill Nelson, Letter to Uber: Privacy Practices, UNITED STATES SENATE:
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 1 (Dec. 19, 2014), available at
http://www.mccaskill.senate.gov/imo/media/doc/LettertoUberPrivacyPractices.pdf.
88
Levinthal, supra note 93.
89
Allen Young, California Consumer Advocates: Uber Spying Must be Stopped, SACRAMENTO BUSINESS
JOURNAL (Apr. 16, 2015), http://www.bizjournals.com/sacramento/news/2015/04/16/california-consumerattorneys-uber-spying-must-be.html.
90
AB 886 (Chau) Protects Uber Passenger Privacy, PR NEWSWIRE, (Apr. 16, 2015),
http://www.prnewswire.com/news-releases/ab-886-chau-protects-uber-passenger-privacy-300066821.html.
91
Elizabet Weise & Jessica Guynn, Uber Tracking Raises Privacy Concerns, USA TODAY (Nov. 19, 2014),
http://www.usatoday.com/story/tech/2014/11/19/uber-privacy-tracking/19285481/.

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 that it will not use this information for any marketing purpose unless prior consent is
obtained or unless otherwise explicitly stated.92
76. However, in December 2014, Jason Koebler of Motherboard, a technology and
science online news source, reported that the FTC had received several complaints
from “[p]eople who have never driven for or even used the service” who “said they
are still receiving a high volume of text messages from Uber and have been unable
to make them stop.”93
77. Koebler also noted, “The text messages we’ve seen from Uber don’t explain that
texting ‘STOP’ will actually stop them—and some of the complaints specifically
mention that the keyword didn’t work.”94
78. Those who receive such messages express outrage at their frequency; the difficulty
of unsubscribing; and the fact that the users never consented to giving their details
or the details of third parties connected to them.
79. For example, user DanielMiami said:
This is disturbing, my girl just text me saying she received a text message
from uber [sic] saying I invited her to become a driver.
"UberMSG: Congratulations! Your friend Daniel wants you to be an Uber
partner. Both of you can make money when you APPLY HERE:
t.uber.com/cashec"
1. How did they get her phone number?
2. That's not even my referral promo code
Do they have access to our contact list in our phones?95
80. User UberHammer said, “I made a drinking game out of the texts. Downed a beer
after each text received. Had to drink 8 last Friday night.”96
81. User Wei Rodrigues wrote “Every Uber spam text I get comes from a completely
different number. I tried blocking one when I 1st got irritated. They kept coming. It
92

Uber Privacy Policy, UBER.COM, https://www.uber.com/legal/usa/privacy (last visited June 15, 2015).
Joseph Koebler, Uber's Text Message Spam Is Driving People Crazy, MOTHERBOARD (June 12, 2015
3:25 A.M.), http://motherboard.vice.com/read/ubers-text-message-spam-is-driving-peoplecrazy?utm_source=mbtwitter.
94
Id.
95
Danielmiami, Comment to Does Uber App Have Access to Our Contact List?, UBERPEOPLE.NET (Nov.
20, 2014), http://uberpeople.net/threads/does-uber-app-have-access-to-our-contact-list.7421/.
96
UberHammer, Comment to Is there A Way to Unsubscribe to Uber Spamming Texts?, UBERPEOPLE.NET
(June 12, 2015), http://uberpeople.net/threads/is-there-a-way-to-unsubscribe-to-uber-spammingtexts.12495/.
93

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 was then I realized they were different source #s. They make sure you're gonna keep
getting them!”97
I. Uber’s Text Messaging Activity May Violate the Telephone Consumer
Protection Act
82. In view of the above, Uber's text messaging activity may violate the Telephone
Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”).
83. Under the federal regulations applying the Act, Uber is prohibited from:
“[I]nitiat[ing], or caus[ing] to be initiated, any telephone call that includes
or introduces an advertisement or constitutes telemarketing, using an
automatic telephone dialing system or an artificial or prerecorded voice, to
any of the lines or telephone numbers described in paragraphs (a)(1)(i)
through (iii) of this section, other than a call made with the prior express
written consent of the called party . . .98
84. “Telephone call” has been interpreted to include text messages for the purposes of
the TCPA.99
85. According to the FCC, “[t]he term advertisement means any material advertising the
commercial availability or quality of any property, goods, or services”100 while
“automatic telephone dialing system and autodialer mean equipment which has the
capacity to store or produce telephone numbers to be called using a random or
sequential number generator and to dial such numbers.”101
86. There is currently a class action suit before the United States District Court for the
Northern District of California which alleges that Uber’s text message spam
violated the TCPA because the messages constituted telemarketing or advertising
and were sent to them without prior express written consent.102 At least one plaintiff
has received texts despite never having been an Uber member driver or user.103

97

Id.
47 C.F.R. § 64.1200(a)(2).
99
Satterfield v. Simon & Schuster, Inc., 569 F.3d 946,949 (9th Cir. 2009); Brief for Defendants-Apellees at
4., Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. 2009) (No. 07-16356), 2007 WL 4856754
at 7337.
100
Id. at (f) (1).
101
Id. at (f) (2).
102
Brief of Petitioner at 1, Reardon et al. v. Uber Technologies Inc., No. 3:14-cv-05678-JST (N.D. Cal)
2014.
103
Tracey Kaplan, Lawsuit claims Uber pesters consumers via spam texts to work as drivers, SAN JOSE
MERCURY NEWS, (June 12, 2015), http://phys.org/news/2015-01-lawsuit-uber-pesters-consumersspam.html.
98

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 IV. Legal Analysis
A. The FTC’s Section 5 Authority
87. The FTC Act prohibits unfair and deceptive acts and practices, and empowers the
Commission to enforce the Act’s prohibitions.104 These powers are described in
FTC Policy Statements on Deception105 and Unfairness.106
88. A trade practice is unfair if it “causes or is likely to cause substantial injury to
consumers which is not reasonably avoidable by consumers themselves and not
outweighed by countervailing benefits to consumers or to competition.”107
89. The injury must be “substantial.”108 Typically, this involves monetary harm, but
may also include “unwarranted health and safety risks.”109 Emotional harm and
other “more subjective types of harm” generally do not make a practice unfair.110
Secondly, the injury “must not be outweighed by an offsetting consumer or
competitive benefit that the sales practice also produces.”111 Thus the FTC will not
find a practice unfair “unless it is injurious in its net effects.”112 Finally, “the injury
must be one which consumers could not reasonably have avoided.”113 This factor is
an effort to ensure that consumer decision making still governs the market by
limiting the FTC to act in situations where seller behavior “unreasonably creates or
takes advantage of an obstacle to the free exercise of consumer decision making.”114
Sellers may not withhold from consumers important price or performance
information, engage in coercion, or unduly influence highly susceptible classes of
consumers.115

104

See 15 U.S.C. § 45 (2010).
Fed. Trade Comm’n, FTC Policy Statement on Deception (1983), available at
http://www.ftc.gov/bcp/policystmt/ad-decept.htm [hereinafter FTC Deception Policy].
106
Fed. Trade Comm’n, FTC Policy Statement on Unfairness (1980), available at
http://www.ftc.gov/bcp/policystmt/ad-unfair.htm [hereinafter FTC Unfairness Policy].
107
15 U.S.C. § 45(n); see, e.g., Fed. Trade Comm’n v. Seismic Entertainment Productions, Inc., Civ. No.
1:04-CV- 00377 (Nov. 21, 2006) (finding that unauthorized changes to users’ computers that affected the
functionality of the computers as a result of Seismic’s anti-spyware software constituted a “substantial
injury without countervailing benefits.”).
108
FTC Unfairness Policy, supra.
109
Id.; see, e.g., Fed. Trade Comm’n v. Information Search, Inc., Civ. No. 1:06-cv-01099 (Mar. 9, 2007)
(“The invasion of privacy and security resulting from obtaining and selling confidential customer phone
records without the consumers’ authorization causes substantial harm to consumers and the public,
including, but not limited to, endangering the health and safety of consumers.”).
110
FTC Unfairness Policy, supra.
111
Id.
112
Id.
113
Id.
114
Id.
115
Id.
105

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 90. An act or practice is deceptive if it involves a representation, omission, or practice
that is likely to mislead the consumer acting reasonably under the circumstances, to
the consumer’s detriment.”116
91. There are three elements to a deception claim. First, there must be a representation,
omission, or practice that is likely to mislead the consumer.117 The relevant inquiry
for this factor is not whether the act or practice actually misled the consumer, but
rather whether it is likely to mislead.118
92. Second, the act or practice must be considered from the perspective of a reasonable
consumer.119 “The test is whether the consumer’s interpretation or reaction is
reasonable.”120 The FTC will look at the totality of the act or practice and ask
questions such as “how clear is the representation? How conspicuous is any
qualifying information? How important is the omitted information? Do other
sources for the omitted information exist? How familiar is the public with the
product or service?”121
93. Finally, the representation, omission, or practice must be material.122 Essentially, the
information must be important to consumers. The relevant question is whether
consumers would have chosen another product if the deception had not occurred.123
Express claims will be presumed material.124 Materiality is presumed for claims and
omissions involving “health, safety, or other areas with which the reasonable
consumer would be concerned.”125
94. The FTC presumes that an omission is material where “the seller knew, or should
have known, that an ordinary consumer would need omitted information to evaluate
the product or service, or that the claim was false . . . because the manufacturer
intended the information or omission to have an effect.”126
95. The Commission has previously found that a company may not alter the privacy
settings of its users.127
116

FTC Deception Policy, supra.
FTC Deception Policy, supra ; see, e.g., Fed Trade Comm’n v. Pantron I Corp., 33 F.3d 1088 (9th Cir.
1994) (holding that Pantron’s representation to consumers that a product was effective at reducing hair loss
was materially misleading, because according to studies, the success of the product could only be attributed
to a placebo effect, rather than on scientific grounds).
118
FTC Deception Policy, supra.
119
Id.
120
Id.
121
Id.
122
Id.
123
Id.
124
Id.
125
Id.
126
Cliffdale Associates, Inc., 103 F.T.C. 110, 110 (1984).
127
In the Matter of Facebook, Inc., a corporation; FTC File No. 092 3184, FTC.gov (Dec. 30, 2011),
http://www.ftc.gov/enforcement/cases-proceedings/092-3184/facebook-inc.
117

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 96. The Commission has previously found that a company may not repurpose user data
for a use other than the one for which the user’s data was collected without first
obtaining the user’s “express affirmative consent.”128
B. Count I: Deceptive Representation that “Users Will be in Control” of their
Privacy Settings129
97. As described in detail above, Uber represented to consumers that “users will be in
control” of their privacy settings and can “choose whether to share the data with
Uber.”130
98. As described in detail above, users are not truly in control of the data they disclose
to Uber. Uber retains the ability to track users even if users choose not to share
location data with Uber. Android users cannot turn off contact sharing once they
have used the app, and all users cannot turn off approximate location sharing after
downloading the app.
99. Users could not reasonably know that they are not truly in control of what data they
want to share with Uber.
100. Uber’s representations are likely to mislead the reasonable consumer.
101. There is a clear divide between Uber's representations as to their consumers' control
over their personal information, and Uber’s actual business practices. Consumers
are led to believe that they retain control over their personal data, when in fact they
do not.
102. Therefore, Uber engaged in a deceptive act or practice in violation of Section 5(a) of
the FTC Act, 15 U.S.C. § 45(a).
C. Count II: Deceptive Representation that Users Would be Able to Opt Out of
Targeted Advertising
103. As described above, Uber represented to consumers in 2013 that they would have
the opportunity to opt out of targeted advertising.
104. Uber also represented to consumers in 2015 that they would be “in control” of their
data under the new privacy policy.131

128

In the Matter of Google, Inc.; FTC File No. 102 3136 (Oct. 13, 2011) (Decision and Order),
http://www.ftc.gov/sites/default/files/documents/cases/2011/10/111024googlebuzzdo.pdf.
129
Tassi, supra note 1.
130
Id.
131
Id.

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 105. Uber chose not to provide a means of opting out of targeted advertising in its
revised privacy policy.
106. Given Uber’s privacy assurances, Uber users acting reasonably would likely be
misled into believing that they can opt out of targeted advertising under the revised
policy, when in fact they cannot.
107. This inconsistency is to Uber users’ detriment; their personal information could be
disclosed to parties they did not intend to disclose to.
108. Therefore, Uber’s choice not to provide a means of opting out of targeted
advertising in its revised privacy policy constitutes a deceptive act or practice in
violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).
D. Count III: Deceptive Representation that Users’ Data Would be Protected by
Robust Security Measures
109. As described in detail above, Uber users would reasonably expect Uber to abide by
its policy statement and “take appropriate measures to protect [their] personal
information.”132
110. Industry experts have identified that Uber’s data collection of intimate customer
details is valuable to unauthorized third party users and is likely vulnerable to
attacks.
111. Uber’s database has already been successfully hacked before, exposing tens of
thousands of its drivers’ information.
112. Uber has a history of allowing individuals within and without the company to have
unrestricted access to its customers’ personal information.
113. Therefore, Uber’s failure to adequately disclose that its security measures may not
protect its customer’s personal constitutes a deceptive act or practice in violation of
Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).
114. Users could not reasonably be aware of the inadequate disclosures regarding the
potential for security breach of the privacy policy.
115. The inadequate disclosures are not outweighed by countervailing benefits to
consumers or to competition.
116. Uber’s inadequate disclosures constitute deceptive acts or practices in violation of
Section 5 of the FTC Act, 15 U.S.C. § 45(a).
132

Privacy Statements, supra note 19.

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 E. Count IV: Deceptive and Unfair Practice of Tracking Users’ IP Addresses
117. Uber’s IP address tracking practice constitutes an unfair business practice because it
is likely to cause substantial injury to consumers, which is not reasonably avoidable
by consumers themselves and not outweighed by countervailing benefits to
consumers or to competition. The injury is substantial because deriving users’
proximate locations without their knowledge poses potential safety risks. Uber’s IP
tracking practice also undermines consumers’ decision-making autonomy when
consumers expressly decline to disclose location data to Uber.
118. This injury is not reasonably avoidable by consumers themselves. Consumers must
completely delete the app or quit using Uber’s services to stop Uber from collecting
their IP addresses. Consumers are thus forced to choose between forgoing their
privacy interest and forgoing Uber’s services, and there is no way consumers can
use Uber while preventing their location information from being collected.
119. There is no evidence that Uber’s IP address data collection practice provides
overweighing benefits to consumers or to competition.
120. Uber’s IP address tracking practice also constitutes deceptive practice. As
referenced above, Uber claims that users will be able to choose whether to permit
Uber to collect location data. This statement is likely to mislead consumers into
believing that they can choose to not disclose location information to Uber after
downloading the app.
121. Reasonable consumers are likely to misinterpret Uber’s representation about user
control. Reasonable consumers would not expect that Uber might use their IP
addresses for tracking purposes that violate Uber’s own pledge.
122. The misrepresentation is material because whether users are able to choose to
disclose their location information is important and would have influenced the
consumer decision-making processes.
V. Prayer for Investigation and Relief
123. EPIC urges the Commission to investigate Uber Technologies, Inc., and enjoin its
unfair and deceptive data collection practices with respect to Uber’s revised privacy
policy that the company plans to implement on July 15, 2015.
124. Specifically, EPIC requests the Commission to:
a. Initiate an investigation of Uber’s business practices, including the
collection personal data from users of location data and contact list

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 information ;
b. Halt Uber’s collection of user location data when it is unnecessary for the
provision of the service;
c. Halt Uber’s collection of user contact list information;
d. Require the implementation of data minimization measures, including the
routine deletion of location data once the ride is completed;
e. Mandate algorithmic transparency, including the publication of specific
information about the rating techniques established by Uber to profile and
evaluate customers;
f. Require Uber to comply with the Consumer Privacy Bill of Rights;
g. Investigate Uber’s possible violation of the Telephone Consumer
Protection Act;
h. Investigate other companies engaged in similar practices; and,
i. Provide such other relief as the Commission finds necessary and
appropriate.
Respectfully Submitted,
/s/
Marc Rotenberg, EPIC Executive Director
Julia Horwitz, Director, EPIC Consumer Privacy Project
John Davisson, EPIC IPIOP Clerk
Eógan Hickey, EPIC IPIOP Clerk
Britney Littles, EPIC IPIOP Clerk
Ximeng (Sammy) Tang, EPIC IPIOP Clerk
Michele Trichler, EPIC IPIOP Clerk
Kasey Wang, EPIC IPIOP Clerk
Jennifer Weekley, EPIC IPIOP Clerk
ELECTRONIC PRIVACY INFORMATION CENTER
1718 Connecticut Ave. NW Suite 200
Washington, DC 20009
202-483-1140 (tel)
202-483-1248 (fax)

In re: Uber and Consumer Privacy,
Federal Trade Commission

23

EPIC Complaint
June 22, 2015