RICHARD 706 HART SENATE OFFICE BUILDING CONNECTICUT WASHINGTON. DC 20510 [202) 224?2823 FAX: [202] 224?9673 13mm] genus .%rnatr [860} 258?6940 ARMED WASHINGTON. DC 20510 FAX: {860125843958 COMMERCE. SCIENCE, AND TRANSPORTATION 915 LAFAYWE BOULEVARD SUITE 304 CT 06604 I203) 330-0598 Fm: 203 330-0503 AFFAIRS May 2, 2018 hilpzl/blumenlhalsenatagov Mr. Dara Khosrowshahi Chief Executive Of?cer Uber Technologies, Inc. 1455 Market Street San Francisco, California 94103 Dear Mr. Khosrowshahi, I write to request that Uber immediately stop using forced arbitration agreements against victims of sexual harassment or assault. Like most Americans, I am extremely concerned about recent reports suggesting that more than 100 Uber drivers have been accused of sexually assaulting or abusing their passengers in the past four years.I My alarm is compounded by reports that Uber has attempted to silence survivors by forcing them into arbitration to resolve these complaints.2 I call on you to immediately release survivors of sexual assault from Uber?s arbitration provisions so that they may exercise their fundamental rights as Americans and pursue their complaints through the court system. Furthermore, I urge you to end Uber?s current practice of requiring all users to agree to a pre?dispute arbitration agreement in order to use your services. Forced arbitration clauses deny consumers the right to bring their case to court or ?le a class action lawsuit with others who have experienced a similar harm. Claims subject to forced arbitration are relegated to private forums where powerful defendants can stack the deck against claimants and cover up wrongdoing. Many potential claimants respond to this prospect by declining to ?le claims in the first place, leaving bad conduct undeterred. These provisions disadvantage consumers in almost every sector of the economy by requiring them to waive their rights before a dispute even occurs. When these agreements are inserted into the ?ne print of large corporations? terms of service as is the case with Uber consumers lack a meaningful opportunity to understand and object before they give away their right to access the justice system. AS a result, consumers are denied their day in court and Sara Ashley O?Brien et al., CNN Invesn'garfon: I 03 Uber Drivers Accused of Sexual Assault or Abuse, CNN (Apr. 30, 2018), 2 Sam Levin, Uber accused ofsilencing i-vomen who claim sexual assault by drivers, THE GUARDIAN (Mar. 15, 20 8), 8/mar/ arbitration. powerful corporations are able to endanger the public without fear of being held accountable by those they harm. Recently, a group of courageous women sent an open letter to Uber?s board and requested to be released from Uber?s mandatory arbitration clause.3 In their letter, these brave survivors highlight your purported commitment to safe streets and ?do[ing] the right thing,? but they appropriately point out that orcing female riders, as a condition of using Uber?s app, to pursue claims of sexual assault and rape in secret arbitration proceedings does not ?make streets safer.? In fact, it does the opposite?? These survivors go on to note that several companies and ?rms, including Microsoft, have voluntarily ended their practice of forcing victims of sexual harassment into arbitration by explaining that ?[t]he silencing of people?s voices has clearly had an impact in perpetuating sexual harassment.?5 In a response to a former employee calling on you to waive ?all forced arbitration agreements for employees, riders, and drivers,?6 you responded that you would ?take [suggestion] seriously.?37 I challenge you to ?nally demonstrate how seriously you take the issue I of sexual harassment and assault. Your company must lead by example and show that it values transparency and your users? safety more than your company?s bottom line. I respectfully request that you immediately stop enforcing arbitration agreements against individuals who bring claims of sexual harassment or assault. More broadly, I urge you to end your use of these dangerous agreements against your customers. A company that is focused on its customers should be working to protect their rights, not to eliminate them. I look forward to your immediate response to this request. Sincerely, Richard Blumenthal United States Senate 3 Uber Sexual Victims Send Open Letter to Uber ?3 Board of Directors Asking to be Released ??om Forced Arbitration, WIGDOR LLP (Apr. 26, 2018), directors/ [hereinafter Open Letter]. 4 Id. 5 1d. 6 Susan Fowler (@susanthesquark), (Mar. 30, 2018, 9:36 AM), 130368. 7 Dara Khosrowshahi (@dkhos), TWITTER (Mar. 30, 2018, 6:44 PM),