Existence of Predominance of Common Questions of Fact and Law Sample Clauses

Existence of Predominance of Common Questions of Fact and Law. Common questions of law and fact exist as to members of the Class which predominate over questions affecting only individual members of the Class, including, but not limited to, the following: Common Questions of Fact and Law regarding UBER’s Conduct with Respect to Gratuities and UBER’s conduct with respect to its contracts with Members of the Class: a. Whether reasonable customers believed that a gratuity was included in the fare Defendants’ quoted and charged its customers; b. Whether Defendants’ failed to distribute the proceeds of those gratuities, in their entirety, to the class members; c. What efforts Defendants’ undertook to inform their customers and potential customers that gratuities for the plaintiff drivers were included in the quoted and charged fare and that it was therefore unnecessary to tip their drivers; d. Whether Defendants have led customers and potential customers to believe that the customary gratuity to the driver is included in the quoted and charged fare for the UBER service such that their riders did not tip their drivers on their own, thereby damaging the plaintiff class; e. Whether UBER breached its uniform contracts with Class Members by failing to remit all monies due Class Members and withholding payments due to Class Members and/or otherwise miscalculating UBER’s share of the fares to the detriment of Class Members; and f. Whether UBER wrongfully applies taxes and ancillary charges, including sales tax and Black Car Fund fees, to the Class Members.
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Related to Existence of Predominance of Common Questions of Fact and Law

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