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Uber Has a Playbook For Sabotaging Lyft, Says Report

Nerval's Lobster (2598977) writes The folks over at The Verge claim that "Uber is arming teams of independent contractors with burner phones and credit cards as part of its sophisticated effort to undermine Lyft and other competitors." Interviews and documents apparently show Uber reps ordering and canceling Lyft rides by the thousands, following a playbook with advice designed to prevent Lyft from flagging their accounts. 'Uber appears to be replicating its program across the country. One email obtained by The Verge links to an online form for requesting burner phones, credit cards, and driver kits — everything an Uber driver needs to get started, which recruiters often carry with them.' Is this an example of legal-but-hard-hitting business tactics, or is Uber overstepping its bounds? The so-called sharing economy seems just as cutthroat — if not more so — than any other industry out there.

114 of 182 comments (clear)

  1. Illegal by gurps_npc · · Score: 1, Informative

    If their contracts are reasonably well written, I bet they are guilty of at least a misdemeanor.

    --
    excitingthingstodo.blogspot.com
    1. Re:Illegal by belmolis · · Score: 4, Informative

      A misdemeanor is a criminal offence. Breach of contract is not a criminal offence.

    2. Re:Illegal by msauve · · Score: 4, Insightful

      Tortious interference.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    3. Re:Illegal by Penguinisto · · Score: 1

      Dunno if you can apply a criminal statute to it, but there has to be some precedent formed around taxi companies getting borked out of a fare that way, or perhaps something similar to how pizza delivery was once crank-called... it would depend on the locale, though, and I doubt you'd find anything beyond local laws to support it.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:Illegal by asmkm22 · · Score: 5, Funny

      Except what will happen is Uber will come out and say that after an internal investigation, they found a few rogue employees had the program up on their own time, and Uber has now put a stop to it, etc.. It's how these things work. It's really no different than getting cut off while driving, tracking the plate number through the DMV for a physical address, and then setting up your stripper friend to show up while during their family dinner.

      We've all done that.

    5. Re:Illegal by GrumpySteen · · Score: 5, Funny

      It's really no different than getting cut off while driving, tracking the plate number through the DMV for a physical address, and then setting up your stripper friend to show up while during their family dinner.

      If I'd known it would cause strippers to show up for free at my house for dinner, I'd have started cutting people off the moment I got my driver's license.

    6. Re:Illegal by xevioso · · Score: 3, Interesting

      I do not believe that "bork" is a legal term with any validity.

    7. Re:Illegal by wonkey_monkey · · Score: 5, Funny

      Same reason I'm not allowed in the reptile house at London Zoo any more.

      --
      systemd is Roko's Basilisk.
    8. Re:Illegal by MerlynEmrys67 · · Score: 4, Informative

      I do not believe that "bork" is a legal term with any validity.

      I guess you missed the legal origin of the term "To Bork" Bork as a Verb
      If it happened to a Judge - it is a legal term.
      (Not properly used here though)

      --
      I have mod points and I am not afraid to use them
    9. Re:Illegal by bloodhawk · · Score: 4, Informative

      Well it appears they have entered into the contract with the explicit purpose to disrupt their business, it is arguably fraud or at least tortuous interference, it could be argued as either a criminal or civil offense.

    10. Re:Illegal by Solandri · · Score: 4, Informative

      Breach of contract is not a criminal offense. Entering into a contract with the intent to breach it from the onset is fraud, and a criminal offense. Obviously the threshold of proof for the latter is a lot higher.

    11. Re:Illegal by mi · · Score: 2

      Except what will happen is Uber will come out and say that after an internal investigation, they found a few rogue employees had the program up on their own time, and Uber has now put a stop to it, etc..

      This only works for government agencies, who are "investigated" by legislatures with all of the concomitant political theater — not private companies, who have to work with courts.

      One more good illustration, why government should be responsible for as little as at all possible, BTW.

      --
      In Soviet Washington the swamp drains you.
    12. Re:Illegal by taustin · · Score: 5, Interesting

      Signing a contract with the specific intention of violating it can be. It can also be a felony, depending on the amount of money involved. If Uber is involved in coordinating this, in theory, they could end up facing RICO charges as a criminal syndicate.

      The kind of thinking that leads to this kind of dishonesty is why the taxi industry has been so tightly regulated for so long.

      If they're willing to do this to each other, to cost each other money, imagine what they're willing to do to you, the fare, who have money for them to take.

    13. Re:Illegal by Culture20 · · Score: 3, Informative

      "b. Wait a period of time before you request so you do not have to cancel on the same driver if you get them again

      Which clearly implies the uber contractor is expected to have canceled on the Lyft driver at least once.

    14. Re:Illegal by rahvin112 · · Score: 1

      If their employees did it they are responsible for it.

      I'd be surprised at this point if Lyft doesn't sue them and use this story as an excuse to get discovery on their entire email system and website.

    15. Re:Illegal by jxander · · Score: 1

      Is that quote in TFA somewhere? I'm not seeing it, though I have a lot of their flash blocked.

      As best as I can tell from the article, the entire devious plans boil down to "Book Lyft ride. Preach the gloriousness of Uber to the driver. Repeat"

      So you have to wait to make sure you get a different driver. Otherwise you'd be preaching to the same driver.

      --
      This signature is false.
    16. Re:Illegal by Mr.+Freeman · · Score: 5, Insightful

      Yeah. I really don't get the nutjobs around here who run around bitching about how Taxis need less and less regulation. It's like they have no idea what it was like before the regulations were put in place. It's not like some politicians got together and conspired over the course of several decades to regulate an industry for the sole purpose of being dicks. Those regulations were instituted because taxi drivers and taxi companies were doing incredibly unethical things that were causing damage to both people and to the economy.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    17. Re:Illegal by bigmattana · · Score: 2

      Uber and Lyft are both much cheaper than traditional "regulated" taxis, and this scheme only cost the other company and driver. So as a consumer, why do I care? For comparison, look at New York's taxi medallion system. All it has done is raise the entry price to astronomical levels, which leaves the consumer paying outrageous prices and the drivers making very little. You are being naive if you think laws that generate money for government and protect old guard businesses are not because politicians and companies "conspired".

      No, I'll take the basic fraud laws on the book and if we need to enhance them as technology changes fine. What we don't need are the rules that protect the crony capitalist system that favors the big old guard businesses over start-ups. This is an extremely small problem compared to the side effects of most regulation, and one that is apparently already solving itself as new media is exposing bad behavior on Uber's part.

    18. Re:Illegal by phantomfive · · Score: 1

      As with many things, some regulations are good, and some are bad (if that idea gives you problems, then you need to reconsider your life).

      With taxis, we can clearly see two kinds of regulation:
      1) Regulations that make customers (and drivers) safer and less likely to be ripped off.
      2) Regulations that are designed to limit competition.

      Obviously, we want to keep the first type of regulation, because they achieve good results. We want to reduce the second type, because they drive prices up for everyone and reduce quality.

      --
      "First they came for the slanderers and i said nothing."
    19. Re:Illegal by phantomfive · · Score: 1

      If it happened to a Judge - it is a legal term.

      lol let your mind go and imagine how many terms become legal terms by that definition. "She ______ on the Judges' _____ in his ____"

      --
      "First they came for the slanderers and i said nothing."
    20. Re:Illegal by davester666 · · Score: 5, Insightful

      well, what happens is that non-Uber taxi's go away, then you get Uber charging higher and higher prices, and pay their drivers less and less.

      It's basically rebooting the taxi system.

      Those who don't remember history are doomed to repeat it. Only now with computers.

      --
      Sleep your way to a whiter smile...date a dentist!
    21. Re:Illegal by evilviper · · Score: 1

      Those regulations were instituted because taxi drivers and taxi companies were doing incredibly unethical things that were causing damage to both people and to the economy.

      But that doesn't stop them, or later politicians, from abusing the power they've given themselves, to start squeezing every dollar they can get out of it, and/or to raise huge barriers to entry to keep out competitors and give their buddies a practical monopoly in the industry.

      For example, NYC strictly limiting the number of medallions they sell, until they're valued at over $1 million each, paid for by the hacks who might pull in a whopping $50k/year working long hours, in dangerous conditions, in the highest cost-of-living city in the US. Or mandating a single, specific model of vehicle for all cabs, with their own customizations that drive the prices into the stratosphere. etc.

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    22. Re:Illegal by evilviper · · Score: 1

      I do not believe that "bork" is a legal term with any validity.

      Umm... It sounds funny, because it's Latin. Lawyers just *love* Latin words.

      quidquid Latine dictum sit altum videtur

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    23. Re:Illegal by Type44Q · · Score: 1
      It's entirely a moot point: any potential "criminal ramifications" would be dwarfed in significance by the PR backlash if it were determined that these accusations were valid. I'm guessing they're not, simply due to the fact that:

      A) Uber has already been called-out for fucking with Lyft in this fashion (whether there was any veracity to those accusations, Uber was already "tried and convicted in the online court of public opinion") and is unlikely to be dumb enough to continue to employ such potentially-risky tactics, and...

      B) ...to the best of my knowledge, Uber is only competing with Lyft in the "low end space" (in other words, UberX - which probably isn't long for this world anyhow, given its complete lack of "regulatory approval") while their "real service" (UberBlack/UberSUV) doesn't even compete - again, to the best of my knowledge - with Lyft's offerings.

    24. Re:Illegal by jopsen · · Score: 2

      ...they could end up facing RICO charges as a criminal syndicate.

      I really hope the prosecutors office opens a case, and jails an Uber CEO. The alternative taxi services are great, but if they don't fall in line, they'll be regulated as tightly as taxies..

      The kind of thinking that leads to this kind of dishonesty is why the taxi industry has been so tightly regulated for so long.

      If they're willing to do this to each other, to cost each other money, imagine what they're willing to do to you, the fare, who have money for them to take.

      Exactly... It's beyond my comprehension why Uber is this stupid... This kind of move is exactly what will get them prohibited.
      Besides there is plenty of room for growth through the simple act of providing a better service than taxis...

      If I was Uber or Lyft management, I would not dare this... and I would strike very hard against any employee or driver who even remotely annoyed or interfered with taxis and other competing services. This is just stupidity beyond comprehension...

    25. Re:Illegal by triclipse · · Score: 2, Informative

      Well, if they are torturing people and engaged in tortuous interference, they should certainly be prosecuted. However, if they are merely interfering with business relations and involved in tortious interference then a criminal case may not be warranted.

      (What, thy spell checker hath not the finesse?)

      --
      No Inflation Taxation without Representation
    26. Re:Illegal by Trailer+Trash · · Score: 1

      Yeah. I really don't get the nutjobs around here who run around bitching about how Taxis need less and less regulation. It's like they have no idea what it was like before the regulations were put in place. It's not like some politicians got together and conspired over the course of several decades to regulate an industry for the sole purpose of being dicks. Those regulations were instituted because taxi drivers and taxi companies were doing incredibly unethical things that were causing damage to both people and to the economy.

      What I really don't get is the nutjobs (looking at you) who don't understand where Taxi regulation has ended up. It's easy to say how bad it used to be but now we have the end game of any regulatory regime where entrenched players totally control the "regulation" in order to tilt the playing field in their favor and erect barriers to entry that are all but impossible for a newcomer to overcome.

      It's shameless. In NYC you have to buy a "medallion" in order to have a taxi. Hey, sounds easy, right? I mean, just go to the city and buy one, right?

      Wrong.

      They sold a very limited number of them and then quit. The secondary market has pushed the price of the medallion into the high 6 figures last I looked, possibly over a million dollars now. Note that's just to run one single cab. The medallions are owned by rich people who use them as an investment and rent them to taxi drivers on a monthly basis.

      Now, you tell me: how does that "help" me, the taxi industry, or anybody else besides the people who own the medallions?

      In Nashville they had new regulations a few years ago backed by Gaylord (owners of Opryland) to "regulate" the limousine/sedan industry here. Again, utterly shameless. Gaylord was specifically exempted *by name* from the "regulations". The whole point was to drive a company called "Metro Livery" out of service, and hurt others. The regulations force companies to have cars that are no more than 5 years old and prices could be no lower than $50/ride among other things. Yes, they specifically put a minimum price in the ordinance. I had used Metro Livery to get rides to the airport so I knew who they were targeting. Their cars were a few years older but I could get personal sedan service for less than the cost of a taxi.

      The entire point was to put a lower cost competitor out of business. Again, how does that help anybody except the big players? Hint: It doesn't.

      I agree that this industry needs to be lightly regulated - having a meter requirement for taxis is an example of useful regulation. What we have now is not the regulation that is needed and has nothing to do with helping consumers.

    27. Re:Illegal by parkinglot777 · · Score: 1

      Is that quote in TFA somewhere? I'm not seeing it, though I have a lot of their flash blocked.

      It is an image on TFA, so it is NOT text searchable but viewable WITHOUT FLASH. Your comment indicates that you didn't bother to scroll down to read the whole TFA. If you still cannot find it, the image link is http://cdn1.vox-cdn.com/thumbo... which is the first image after the article image on the top.

    28. Re:Illegal by dandelionblue · · Score: 5, Informative

      People don't realise how costly monopolies are. I work for a UK hospital, and have worked in the department that's responsible for purchasing all of the medicines the hospital uses. We have an online system that tells us for any given drug that generic A is the cheapest at £0.50 per box, generic B is £0.60, generic C is £1.00 per box and generic D is £5.00 per box. If every hospital buys generic A's levothyroxine, then generics B, C and D will just stop producing this medicine, because there's no market for it - and then if generic A wants to charge £20.00 per box, they can, because they have no competition to bring the prices down and the hospitals need to buy levothyroxine.

      So instead, the hospitals are grouped into purchasing regions, and one region will buy generic A's levothyroxine, one will buy generic B, and one will buy generic C. (Generic D doesn't get a look-in because its prices are considered unreasonably high). The hospitals that were made to buy the more expensive levothyroxine will then be told to purchase the cheapest simvastatin, and the middling-cheapest flucloxacillin (while the people who bought the cheap levothyroxine will buy the more expensive flucloxacillin), so no region is out-of-pocket overall.

      And yet, when I've mentioned this to people, they seem to think this is unnecessary, and all the hospitals should just buy the cheapest version of every medication. Here's what happens when a company is given a monopoly and decides not to play nicely with its customers:
      http://www.telegraph.co.uk/hea...

    29. Re:Illegal by Actually,+I+do+RTFA · · Score: 1

      Obviously the threshold of proof for the latter is a lot higher.

      You mean like entering into said contract with burner everything, provided in a kit with instructions on how to avoid methods designed to detect a high likelihood of said contract breach?

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      Your ad here. Ask me how!
    30. Re:Illegal by ktappe · · Score: 1

      So as a consumer, why do I care?

      1) Because hopefully you're a moral being and recognize that this is immoral, wrong behavior on Uber's part.

      2) Because in the long run this is going to cost you money. If Uber runs Lyft out of business, you can be sure Uber will be able to raise its prices. Further, even if they don't, this is raising Lyft's costs and they will pass those on to you. Or Lyft won't have a taxi available when you need one because it was on another Uber-induced wild goose chase.

      But I really hope #1 is the main reason you'd object. I'm sorry if #2 is.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    31. Re:Illegal by kaatochacha · · Score: 1

      Yes, it is.
      Taken from the famous case, "Swedish Chef v. Wusthoff cutlery (1982)"

  2. Not Sharing by jklovanc · · Score: 4, Insightful

    The so-called sharing economy seems just as cutthroat

    If more money than the partial cost of gas changes hands it is no longer sharing.

    1. Re:Not Sharing by msauve · · Score: 1

      Because there are no automobile costs associated with depreciation, storage, maintenance, insurance, registration, etc?

      Come to think of it, that sounds like that new carless driver Google's been working on.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Not Sharing by jklovanc · · Score: 4, Insightful

      How about this. If you are making a profit from taking someone where they want to go it is no longer sharing it is working.

    3. Re:Not Sharing by eepok · · Score: 1

      This is correct. It's only carpooling or "sharing the ride" if it's non-profit. That's why taxi-riding is not a valid form of "rideshare". The only REAL carpool/rideshare app I've seen is called Carma (https://carmacarpool.com/). Reimbursements are automatic per GPS and specific to the IRS mileage reimbursement. More people in the car? Cool -- it splits the cost automagically.

    4. Re:Not Sharing by mark-t · · Score: 2

      There's nothing wrong with working.... as long as you are paying all the appropriate amounts of income tax.

    5. Re:Not Sharing by whoever57 · · Score: 1

      It's only carpooling or "sharing the ride" if it's non-profit.

      That's one possible definition. Let me suggest another: It's only sharing if the driver would drive to the same (or very nearby) location without the other people in the car.

      --
      The real "Libtards" are the Libertarians!
    6. Re:Not Sharing by Camael · · Score: 1

      If you are making a profit from taking someone where they want to go it is no longer sharing it is working.

      Exactly, and working is evil. The government should make them stop.

      Well now, I could probably make a cushy living transporting immigrants across the border for a hefty payoff, this is working, right?.

      Please. Not all work for pay is legal, nor should it be.

    7. Re:Not Sharing by Stewie241 · · Score: 1

      No, that's not what was said.

      What was said was:
      It is ride sharing IFF (if and only if) the driver would drive to the same location without the other people in the car.
      i.e. A IFF B

      This does not equate to B implying A.

    8. Re:Not Sharing by Pope · · Score: 1

      Correct. There is no such thing as the "sharing economy."

      --
      It doesn't mean much now, it's built for the future.
    9. Re:Not Sharing by TangoMargarine · · Score: 1

      This does not equate to B implying A.

      Doesn't it? I thought the definition of "if and only if" means both must be true for the statement to be true:

      If B, then A && If A, then B.

      If the driver would drive to the same location without the other people in the car, it is ride sharing.
      If it is ride sharing, the driver would drive to the same location without the other people in the car.

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    10. Re:Not Sharing by Stewie241 · · Score: 1

      You are right - I mixed up my logic.

      The OP indicated that B was a necessary condition for A. But this does not mean that B implies A. (there might be other necessary conditions for A)

    11. Re:Not Sharing by TangoMargarine · · Score: 1

      I wasn't convinced you weren't right; I was wondering how I managed to (barely) pass discrete math if you were, though :)

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  3. It seems to me by xevioso · · Score: 2

    that Uber is really opening itself up to legal risk by doing this. This is essentially organized fraud. It's one thing to intend to purchase a lift and then cancel it at the last second, but by actually organizing mass cancellations when you really have no intention of purchasing a ride, you are really going down a path of massive fraud. I

    1. Re:It seems to me by crbowman · · Score: 2

      And when they conspired with others to commit a crime did it also become a RICO crime? (I must admit I don't know what the hurdle is to make something RICO)

    2. Re:It seems to me by jopsen · · Score: 1

      And when they conspired with others to commit a crime did it also become a RICO crime? (I must admit I don't know what the hurdle is to make something RICO)

      I'm left wondering the same thing... I would really like to see a weeks jail time for some Uber managers, contractors and employees involved.
      Seriously, as an employee organizing this shit you have responsibility...

  4. Same as it ever was by c0d3g33k · · Score: 3, Insightful

    or

    "Meet the new boss, same as the old boss"

    I think the the Talking Heads and The Who said it all.

    My view: If you catch the crest of the wave of the various "sharing economy" services that are popping up, like AirBnB or Uber, you will likely have a good experience. But as they grow and other pressures come to the fore, thus poisoning the well, it's time to get out and move on.

    1. Re:Same as it ever was by msauve · · Score: 1

      "And you may ask yourself
      Where is that large automobile? "

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Same as it ever was by Daetrin · · Score: 1

      "If you catch the crest of the wave of the various "sharing economy" services that are popping up, like AirBnB or Uber, you will likely have a good experience. But as they grow and other pressures come to the fore, thus poisoning the well, it's time to get out and move on."

      So if you get in early you'll get a good ride, but if you get in late you'll be taken for a ride?

      --
      This Space Intentionally Left Blank
  5. How is this not conspiracy to commit fraud? by Assmasher · · Score: 4, Insightful

    ...or am I missing something?

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    Loading...
    1. Re:How is this not conspiracy to commit fraud? by Ralph+Wiggam · · Score: 1

      Nobody is directly profiting from these actions. I think proving a fraud charge would be pretty tough.

      And it's not theft of services because they're not actually getting any service.

      And as much as we wish it was, "being a dick" is not illegal.

    2. Re:How is this not conspiracy to commit fraud? by Anonymous Coward · · Score: 1
      Profiting directly, per say, is not the litmus test of criminal behavior.

      If it can be proven there is an organized attempt to defraud Lyft and/or their subcontractors (time is money), the organized crime statutes come into play.

      And that's a felony.

      Preserving mods here. RM

    3. Re:How is this not conspiracy to commit fraud? by Stormy+Dragon · · Score: 3, Insightful

      Probably can't get them for criminal fraud, but civil fraud or tortious interference would probably apply.

      Being a dick may not be a crime, but sometimes it's a tort.

    4. Re:How is this not conspiracy to commit fraud? by Ralph+Wiggam · · Score: 1

      The root post was about criminal charges.

      I'm sure a civil case is in the works. I don't envy any of the lawyers involved. It will be a tough case.

    5. Re:How is this not conspiracy to commit fraud? by Mr.+Freeman · · Score: 1

      By that logic, it's not illegal to blow up my competitor's building because, hey, no one made money from the explosion directly!

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    6. Re:How is this not conspiracy to commit fraud? by mcvos · · Score: 1

      Nobody is directly profiting from these actions.

      Not directly, but it's done to reduce competition. Isn't that supposed to be illegal all by itself?

    7. Re:How is this not conspiracy to commit fraud? by ktappe · · Score: 1

      This goes beyond "being a dick." It is systemic creation of contracts that are intended to be broken and cause Lync financial loss in order to help Uber's business. I don't see how that's not actionable.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    8. Re:How is this not conspiracy to commit fraud? by alexo · · Score: 1

      Nobody is directly profiting from these actions.

      Direct profiting is not a part of a definition of fraud.

      Fraud

      A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

      Fraud is commonly understood as dishonesty calculated for advantage. A person who is dishonest may be called a fraud. In the U.S. legal system, fraud is a specific offense with certain features.

      Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.

      These elements contain nuances that are not all easily proved. First, not all false statements are fraudulent. To be fraudulent, a false statement must relate to a material fact. It should also substantially affect a person's decision to enter into a contract or pursue a certain course of action. A false statement of fact that does not bear on the disputed transaction will not be considered fraudulent.

      Second, the defendant must know that the statement is untrue. A statement of fact that is simply mistaken is not fraudulent. To be fraudulent, a false statement must be made with intent to deceive the victim. This is perhaps the easiest element to prove, once falsity and materiality are proved, because most material false statements are designed to mislead.

      Third, the false statement must be made with the intent to deprive the victim of some legal right.

      Fourth, the victim's reliance on the false statement must be reasonable. Reliance on a patently absurd false statement generally will not give rise to fraud; however, people who are especially gullible, superstitious, or ignorant or who are illiterate may recover damages for fraud if the defendant knew and took advantage of their condition.

      Finally, the false statement must cause the victim some injury that leaves her or him in a worse position than she or he was in before the fraud.

      -- http://legal-dictionary.thefre...

  6. No rules by drolli · · Score: 2

    I always thought that rules are for cowards (if you belied the Uber etc. lobbyists). The good thing about bein a taxi is that the situation in this case would be pretty clear, i guess.

  7. Now that's what I call by Anonymous Coward · · Score: 1

    Now that's what I call competition.

  8. Clearly I'm a pedant, but by tylikcat · · Score: 2

    '"What’s simply untrue is that not only does Uber know about this, they’re actively encouraging these actions day-to-day and, in doing so, are flat-out lying both to their customers, the media, and their investors," the contractor said.'

    Okay, so it's implied that was is untrue is that Uberdoesn't know about this, but that's certainly not what was said...

    (Which is not to dispute facts, mostly because I don't have facts to dispute. Though I would like them - I've enjoyed using Uber, but this would certainly encourage me to steer clear.)

  9. ToS violation? by MoFoQ · · Score: 3, Insightful

    As much as I hate to see it used, a Terms of Service (ToS) violation and the Computer Fraud and Abuse Act (CFAA) may still apply especially since they are using tactics to avoid detection (aka use of "burner phones" and credit card numbers)

    It may also be a violation of the various credit card companies' ToS as well.

    1. Re:ToS violation? by mythosaz · · Score: 2

      The use of burner phones and supplied credit cards simply seems to be an anti-detection tactic.

      The documents posted on TheVerge seem to boil down to, "Book a ride on Lyft, and use that ride as an opportunity to preach switching to Uber while you have a captive audience."

      The documents posted only mention having to cancel if you get the same driver responding to you after you've attempted to proselytize them already -- and suggest you should use Uber to move about town so that happens infrequently.

      Doesn't seem much worse than giving a Jehovah's Witness a ride. :/

    2. Re:ToS violation? by MoFoQ · · Score: 1

      From https://www.lyft.com/terms

      You further agree that Your Information and Your interactions on the Lyft Platform shall not: be false, inaccurate or misleading (directly or by omission or failure to update information);

    3. Re:ToS violation? by mythosaz · · Score: 2

      As long as I'm getting a ride and paying for it, I'm imagine I'm also free to try to proselytize.

      But I can certainly see the other side of it.

    4. Re:ToS violation? by jmhysong · · Score: 1

      It may also be a violation of the various credit card companies' ToS as well.

      That would fix things, have the credit card companies take away Uber's ability to accept cards. Goodbye Uber.

    5. Re:ToS violation? by gnasher719 · · Score: 1

      As long as I'm getting a ride and paying for it, I'm imagine I'm also free to try to proselytise.

      But you are not paying for a ride, right? You are just giving a donation to the nice guy who gives you a lift when they went into the same direction, right? If I'm the nice guy giving you a lift, and you behave like an ass, you wouldn't mind getting thrown out of my car, right? I mean it's not a regulated taxi, it's private people. Or so they say.

  10. Rinse, Repeat by CanHasDIY · · Score: 5, Insightful

    Hilarious. No, not the shady tactics - the fact that companies like Uber and Lyft whine about being regulated as taxi services, arguing that they are not taxi services, then getting into the same sort of idiotic, self-harming feuds that forced the government to start regulating taxi services.

    History, on a loop!

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
    1. Re:Rinse, Repeat by desdinova+216 · · Score: 1

      those who can not remember the past are doomed to repeat it. so true.

    2. Re:Rinse, Repeat by Quirkz · · Score: 1

      Those who cannot remember the aphorism are doomed to, er, how does that go again?

    3. Re:Rinse, Repeat by ktappe · · Score: 1

      I would agree with you if it is shown Lyft is pulling the same shenanigans, but I've seen not one bit of such evidence. Never forget that it is possible for only one side to be wrong in a dispute. If you punch me in the face, I am not equally to blame as you.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
  11. Water is wet and cheaters cheat by alphazulu0 · · Score: 1

    1. Gain an advantage over legal competitors by ignoring regulations in your industry.
    2. Gain an advantage over fellow illegal competitors with dirty tricks.
    3. PROFIT!!!!

    az0

    1. Re:Water is wet and cheaters cheat by DrXym · · Score: 1

      Ah but you see they're disruptive innovators which makes it perfectly okay to ignore rules and regulations put in place to ensure cars are safe, and driven safely by knowledgeable non-rapists.

  12. ordering without intent is called fraud by bugnuts · · Score: 3, Insightful

    That is almost certainly illegal. If nothing else, it'd be tortuous interference, clearly designed to harm. Using burner phones is contributory evidence to fraud by showing mal intent.

  13. screw both of them, call a taxi. by xeno · · Score: 3, Insightful

    I hate hipsters, assholes, and golddiggers. And I hate people that try to get ahead by stepping on other people's heads.
    Watching the fight between Uber and Lyft, it feels like the appropriate way to do a little bit of social good is simply calling Yellow Cab.

    --
    I think not...(*poof*)
    1. Re:screw both of them, call a taxi. by OhPlz · · Score: 1

      Yea, the owner of the medallion needs his fortune for doing no work what-so-ever, meanwhile the poor immigrant driving the cab earns too little to live on. There's some social good for you.

  14. Uber hired Obama campaign man Plouffe by Anonymous Coward · · Score: 2, Interesting

    With David Plouffe onboard at Uber, a blizzard of blatant shameless dishonesty as part of a win-at-all-costs campaign is a certainty. Remember those "if you like your doctor..." and "if you like your health insurance..." Obama lies? (and YES, they WERE lies becuase the documents came out that show team Obama knew they were false claims at the time they made them). Plouffe was on THAT team. The guy is as filthy and dishonest as Karl Rove.

    1. Re:Uber hired Obama campaign man Plouffe by Bodhammer · · Score: 1

      No points - +1 mod - he is a douchelord!

      --
      "I say we take off, nuke the site from orbit. It's the only way to be sure."
  15. This isn't a sharing economy. by westlake · · Score: 4, Informative

    The so-called sharing economy seems just as cutthroat --- if not more so --- than any other industry out there.

    The geek's definition of "sharing" has always been --- flexible.

    Taxi services were cutthroat in the old days. Fleecing their customers and constantly at war with each other. That is why they came under regulation.

  16. Didn't anyone bother to actually read the article? by jcochran · · Score: 2

    The summary here is about as deceptive as I could possibly imagine. What Uber is attempting to do isn't to initiate a lot of bogus trips and then cancel. They're attempting to recruit drivers from other companies and have them become drivers for Uber. The use of burner phones and credit cards are to prevent the easy detection of recruiters. Not to make fake trip requests.

    Personally, I believe that such tactics are legal, but morally suspect (if the tactics were illegal, it would also be illegal for a company to attempt to recruit employees from other companies. See http://en.wikipedia.org/wiki/H... )

  17. Strange choice of enemy by Ion+Berkley · · Score: 4, Insightful

    You would think that Lyft was the last people that Uber has to worry about with all the entrenched taxi monopolies and the regulators after their blood.

    1. Re:Strange choice of enemy by Nemo137 · · Score: 1

      If you believe their "poor little innovator" spiel, maybe. If you think Uber is a monopolist-in-waiting, it makes perfect sense.

  18. It's a civil offense... by barfy · · Score: 1

    It would seem to be pretty easy to prove, and cost Uber money... The point under test is Tortious interference...

    http://en.wikipedia.org/wiki/T...

  19. Regulation by beelsebob · · Score: 3, Insightful

    It's almost like, if you don't regulate taxis, then they do all kinds of nasty stuff you wouldn't want them doing!

    1. Re:Regulation by WillAffleckUW · · Score: 1

      Exactly. People who profess a desire for a free market, have never actually seen one.

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:Regulation by Trailer+Trash · · Score: 1

      Purposely interfering with competing businesses isn't part of a free market. People who complain about "free markets" don't know what a free market actually is....

  20. It's called fraud by geekoid · · Score: 1

    Since they have no intention of actual using the service, then it's fraud.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:It's called fraud by mythosaz · · Score: 2

      Except, it's clear they have an intention of using the service.

      They want to use their bought-and-paid-for ride as an opportunity to proselytize a captive audience.

      1 - Book ride,
      2 - During ride to follow script for conversion of driver from Lyft to Uber.
      3 - If in a busy taxi market, wait a few minutes before booking a new ride to avoid getting the same driver.
      4 - Else use Uber to get a ride to a new part of town.
      5 - Repeat.

      Burner phones are required if the driver in step 2 rats them out as "bad passengers."

  21. Both Uber and Lyft do this to each other by WillAffleckUW · · Score: 1

    Evil knows no limits.

    Those who profess Good in actions, rarely practice it, unless jailed repeatedly for high financial crimes and assets liquidated and given away to the poor.

    --
    -- Tigger warning: This post may contain tiggers! --
  22. Re:Uber cannot compete with Lyft by viperidaenz · · Score: 1

    Although it is fun to ride on humans, If I need to get from A to B, I'll choose a car.

  23. Taxi business by Tailhook · · Score: 1

    The taxi business has always been cut-throat. Taxi, "car for hire," ridesharing — call it what you will — at the end of the day it's gypsy cab operators squabbling over fares.

    --
    Maw! Fire up the karma burner!
  24. So glad by MitchDev · · Score: 1

    I don't use Uber, as they are a bunch of fucking scumbags.

    Have no use for Lyft either, but hopefully some law firm crushes those assholes at Uber.

  25. Ripe for abuse by pla · · Score: 1

    So what stops me from just picking up one of these "burner" phones and (presumably prepaid) credit cards to actually use for legitimate purposes?

    Hell, even if they just send me a bottom-of-the-barrel tracphone, hey, free $30 flip-phone to keep in the car for emergencies (911 will work on any activated US cell phone, regardless of its in-service status)!

    1. Re:Ripe for abuse by mythosaz · · Score: 1

      Well, for starters, you'd need to be a temp contractor working for TargetCW, and then you'd have to run away with the phone and credit card your employer provided you with for doing your job. :/

  26. I drove cabs and limousines... by Roblimo · · Score: 4, Interesting

    I know the cab and limo business pretty well (check my /. user name), and I give Uber and Lyft another two years before they start fading. Drivers will get tired of paying high commissions, having all their income reported to the IRS, and beating up their cars like crazy. I survived and did well in the limo biz largely because I could do most of my own repairs and knew low-cost shops that could handle the rest. If I wanted to go back to driving for money (no need - between SS and the "side" freelance work I do, I'm fine) I'd probably work work with Uber until I built up my own "book" of business, that is, personal customers. Then I'd say "sayonara" to Uber, just as I did to the cab company as soon as I had enough personal business to tell them to go screw themselves and a threatened RICO suit against the Baltimore cab companies and the MD Public Service Commission opened the business to anyone with an inspected car, good commercial insurance, and a clean criminal record.

    My little group of owner/drivers competed successfully with Boston Coach, Carey, and other national companies. I have no doubt that I could compete successfully with Uber, too. Lyft? A low-rent gypsy cab service. I could beat them, too, but why bother? I did a little gypsy cab work many years ago, but didn't love it.

    1. Re:I drove cabs and limousines... by alleycat0 · · Score: 1

      | (check my /. user name)

      You used to rob limos?

      --
      I am not a number - I am a free man!
  27. Denial of Service Atack by jd · · Score: 1

    False Representation
    Denial of Service
    Fraudulant Use/Misuse of Computer Resources
    Malicious Bypass of Security Protocols

    Illegal? Yes.
    Hanging offence? It should be.
    Grist for the London cab companies for unfair competition? Ohhhhhh, I hope they've been informed. That could be so fun to watch.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  28. Re:What goes around by Technician · · Score: 2

    If they get away from this and this is how low the bar is set, I can imagine the established taxi service with a central dispatch system will employ the tactic on the orignator, and have some backlash protection quickly able to blacklist blocks of cell numbers on throw away accounts and whitelisting many bars and other public access phones.

    Blacklisted - Do not respond, long drive to arrive.. Trac Phone number or Magic Jack number, or already abused number.

    Tenative, unknown new customer on questionable prefix. Respond if very local to a driver. No long drives and limit wating time.

    Whitelist, Joe's Bar where Joe calls the cab for someone, gives customer's ID, or a taxi regular.

    --
    The truth shall set you free!
  29. Re:Didn't anyone bother to actually read the artic by Lehk228 · · Score: 1

    there is nothing immoral about offering a worker a better job. if uber does not want to lose their drivers to the competition they can pay better

    --
    Snowden and Manning are heroes.
  30. Re:Sharing? by FuegoFuerte · · Score: 1

    I wouldn't really call them a new spin on taxis. They're more like the remises in Argentina, and unlicensed (and technically illegal) taxis in many other countries. Basically, you have the licensed and regulated taxis, where you have a relatively strong assurance that you'll get where you want to go for a controlled/metered rate, in a reasonably safe and well maintained vehicle, and if you have a problem you can write down the cab number and make a complaint to a regulator. You also pay a fairly hefty fee for all this.

    If you're willing to take a bit more risk, you can flag down a remis, pay a couple pesos per person, and they'll take you from where you are to downtown, or from downtown back out to the residential area you live in. The drivers make these trips all day, fill the car as full of people as it can possibly be filled (they pick up additional people along the way until the car is completely full and then some). They run on the cheapest fuel possible (in Argentina, typically LPG), and are not necessarily well-maintained. So there's risk. And, while you typically get where you want to be OK, there's plenty of opportunity for an unscrupulous person to take advantage of individual riders (or even groups if they're organized well and coordinating with someone else). So again... it's a risk.

    There's a reason taxi cabs are regulated as heavily as they are, and in general it's probably a good thing for public safety even though they're freakishly expensive.

  31. Re:Didn't anyone bother to actually read the artic by dunkindave · · Score: 1

    there is nothing immoral about offering a worker a better job. if uber does not want to lose their drivers to the competition they can pay better

    Except the story is about Uber trying to poach Lyft drivers, not Lyft trying to steal Uber drivers.

  32. Sharing? by slashdice · · Score: 1

    I guess you haven't tried my genital sharing business, hookr.

    --
    Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
  33. American Capitalism at its Finest by speedplane · · Score: 1

    This is American capitalism at its finest. Who is really morally invested in Uber or Lyft anyway? As long as they don't lie or burn riders, this tough competition will likely only help riders.

    --
    Fast Federal Court and I.T.C. updates
    1. Re:American Capitalism at its Finest by speedplane · · Score: 1

      This particular case is about increasing rider safety and reliability. Lyft and Uber compete for drivers, and here, they are going head to head to get the most number, and best drivers.

      --
      Fast Federal Court and I.T.C. updates
  34. Cheaper, but at what cost? by Camael · · Score: 2

    Uber and Lyft are both much cheaper than traditional "regulated" taxis, and this scheme only cost the other company and driver. So as a consumer, why do I care?

    Well you should care, because if you get into an accident, you're paying on your own. That's what the family of this poor girl hit by an Uber driver found out.

    A key aspect of Uber's business model is that it claims it is not a transportation provider, it does not employ any of the drivers accepting rides on its platform, and it does not accept liability for their actions. The state Public Utilities Commission in September voted to require Uber to get a $1 million per incident commercial liability policy, but Uber — which argues the PUC has no jurisdiction to regulate a communications application — has appealed that ruling.

    And frankly I see no justification for Uber not to get insurance coverage for their drivers.

    For comparison, look at New York's taxi medallion system. All it has done is raise the entry price to astronomical levels, which leaves the consumer paying outrageous prices and the drivers making very little.

    I agree that the NYC regulatory system is rife with abuse, but the fault lies in the execution. All laws are prone to abuse if your have corrupt politicians in charge. You can't use the excuse that laws have the potential to be abused to not pass any laws or regulations.

    I would argue instead that there should be some regulation, as least insofar as the public safety and health hazard aspects are concerned. Lets face it- all private enterprises are in the business to make money. One way of doing that is to reduce costs as low as possible, including paying for things like insurance, background checks on drivers etc. If there is no legal compulsion you can bet that they will cut these costs to the bone.

    1. Re:Cheaper, but at what cost? by berashith · · Score: 1

      I think most regulated taxi companies are likely in the same insurance avoidance plan as Uber. A medallion owner can "rent" the cab to a driver as an independent contractor. The taxi company provides a way to offer fares to drivers, but they will not place an obligation to the driver. The driver is free to pick up fares on their own. This places the company in a position to argue that it is not responsible for the actions of the driver, as the driver is not an employee and not acting under specific direction of the taxi company.

      forcing drivers to provide insurance is easy, and even easier for Uber and Lyft as they dont own the car/medallion and are not leasing/renting/checking it out to the driver. Many of these drivers know that they are uninsured while using their car in a commercial activity, which scares the hell out of me.

  35. question? by Tom · · Score: 2

    Uber reps ordering and canceling Lyft rides by the thousands, [...] Is this an example of legal-but-hard-hitting business tactics, or is Uber overstepping its bounds?

    Are you fucking kidding me? This is so plainly in the "if it's not illegal, it ought to be" category that it's really difficult to think of a more clear example.

    It's a direct attack on a competitors system, intended to deprive them of their ability to deliver their service. In IT security terms we'd call it a DOS.

    If this rumoured playbook exists, someone ought to go to jail for it. To me it's bright as daylight and even asking the question seems stupid.

    --
    Assorted stuff I do sometimes: Lemuria.org
  36. I'd call it fraud. by jcr · · Score: 1

    Placing and canceling orders with the objective of disrupting a competitor's business? Yeah, that's wrong. Lyft could easily adopt the countermeasure of charging for cancellations, and requiring a legit user to identify themselves to request a refund.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  37. Re:This is what they told us by jcr · · Score: 1

    Bullshit. Limiting the supply of cars is just another way to prop up the taxi cartels.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  38. Multiple iPhones? by therealkevinkretz · · Score: 1

    Why not just give them multiple SIM cards?

    1. Re:Multiple iPhones? by Cardoor · · Score: 1

      but they have all this VC cash burning a hole in their pockets! reminds me of steve martin in My Blue Heaven explaining why he had a car-trunk full of copies of the same (stolen) book.... 'in case i want to read it more than once.'

  39. Re:Sharing? by gnupun · · Score: 1

    I wouldn't really call them a new spin on taxis.

    They are a new spin on taxis. Instead of calling a cab company/driver on your cell phone or waving them down on the street, you call/wave them down over the internet.

  40. I drove cabs and limousines... by Xaedalus · · Score: 1

    Given your perspective then, I have to ask: is the mutual cannibalization of Uber with Lyft a sign that they're already beginning to peak and thus to fade? And will the regulated taxi services survive?

    --
    Here's to hot beer, cold women, and Glaswegian kisses for all.