Why the Dismissed Uber ‘Hell’ Program Lawsuit Could Come Back – Fortune

A federal decide dismissed a category-motion lawsuit filed against Uber for its secret ‘Hell’ program that the journey-hailing firm used to trace drivers working for rival Lyft. And whereas it is a win for Uber, there’s a probability it might come again.

On Thursday, Judge Jacqueline Scott Corley, a federal Justice of the Peace decide for the U.S. District Court of Northern California, granted Uber’s movement to dismiss the grievance with depart to amend. This means the plaintiff, on this case a former Lyft driver who filed the lawsuit in April, can file an amended grievance. The deadline to file an amended grievance is Sept. 14, in accordance with courtroom paperwork.

Uber declined to touch upon the case. Caleb Marker, a associate with Zimmerman Reed, a agency representing the plaintiff suing Uber, informed Fortune they intend to file an amended grievance.

The lawsuit filed April 24 by Michael Gonzales adopted an article by The Information that exposed Uber had a secret program called “Hell” that allowed the firm to make use of software program to trace what number of Lyft drivers have been out there for brand spanking new rides and their location. The secret adware, which was used between 2014 and 2016, additionally confirmed Uber staff which drivers labored for Uber and Lyft. The info was used to assist Uber entice these drivers away from its rival.

The lawsuit was suing Uber for damages for alleged illegal invasion of privateness and interception of digital communications and pictures in violation of the Federal Wiretap Act as amended by the Electronic Communications Privacy Act, the California Invasion of Privacy Act, and customary regulation damages for invasion of privateness.

However, Uber countered these claims in its movement to dismiss the lawsuit, arguing amongst different factors that the info was “readily accessible to the general public,” that Gonzales failed to point out Uber eavesdropped on confidential communications,” and since he didn’t allege any damage or any lack of cash or property.

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