Ride-sharing service must pay $40,000, include opt-out instructions

OLYMPIA — Attorney General Bob Ferguson announced today that he reached an agreement with Uber Technologies Inc. prohibiting its practice of sending unsolicited text messages to Washington consumers. Hundreds, perhaps thousands, of Washingtonians received unsolicited texts from Uber.

The agreement, filed in King County Superior Court, also requires that Uber provide opt-out instructions to consumers who do consent to receive texts.

“Receiving text messages you didn’t ask for — and not knowing how to stop them — frustrates consumers,” Ferguson said. “This agreement ensures that consumers control whether they receive messages from Uber.”

Beginning in 2014, the Attorney General’s Office received complaints from Washington consumers who received unsolicited text messages from Uber. Some messages contained information intended for Uber drivers, but were sent to consumers who did not sign up to be drivers. Other texts, originating from drivers themselves, invited recipients to also become Uber drivers.

Customers complained that they did not know how to stop receiving them, and many tried to opt-out, but were unable to. Providing a way to opt out is required by law.

In addition, a glitch with the company’s website portal caused some consumers to receive multiple text messages. One consumer received two or three text messages a week for several weeks, without opt-out instructions. Another consumer said she received 15 to 20 messages.

Failing to provide opt-out instructions on text messages and sending text messages to consumers without prior consent are violations of the Telephone Consumer Protection Act and the Commercial Electronic Mail Act, as well as the state’s Consumer Protection Act.

After the Attorney General’s Office contacted the company about the violations, Uber cooperated with the investigation and began implementing new policies and procedures.

The agreement with the Attorney General’s Office requires Uber to obtain consumer consent prior to sending text messages. The company must include opt-out instructions in its text messages as well as on its website. The agreement also mandates that Uber take reasonable steps to make sure that drivers cannot send a consumer more than one driver referral message.

Uber will pay $40,000 in costs and fees associated with the Attorney General’s investigation.

Assistant Attorney General Andrea Alegrett led the case.

The Attorney General’s Office offers an informal complaint resolution service to Washington state residents, and to consumers with complaints about businesses located in Washington state. To file a complaint about a business or other consumer issue, go to atg.wa.gov/file-complaint.

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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.

Contacts:

Peter Lavallee, Communications Director, (360) 586-0725; PeterL@atg.wa.gov