Uber Eats faces Quebec class action over service fees, but no ruling on wrongdoing yet
The judge has not ruled on the merits, and no one can claim money yet, but the case covers Uber One members too.
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Service fees of $2 to $6 on Uber Eats orders in Quebec are now the subject of a class action. The Quebec Superior Court has authorized the case against Uber Technologies and three of its Canadian subsidiaries. Authorization is only the first step: the judge has not decided whether Uber did anything wrong, and no one can claim any money yet.
The consumer group behind the case, Option consommateurs, announced it on November 10. The judgment is dated August 28, 2026. The group says Uber Eats advertises a delivery fee but adds a mandatory service fee, and that the exact amount is only clear at checkout, under the "Taxes & other fees" line, behind an info icon. Restaurant pages show a "$2 to $6 service fee" range in small print, which the group argues is too vague to show what customers will actually pay.
The case also covers Uber One, the $9.99-a-month subscription. The group says Uber One promotes free delivery on eligible orders but still charges members the service fee. Uber says it has serious defences, and it did not oppose the authorization.
The named plaintiff is Félix Bydal, a Montreal resident who placed about 46 delivery orders totalling $1,807.02 since mid-2022 and paid $153.14 in service fees. The class is people living in Quebec who placed an Uber Eats delivery order and paid a service fee since June 25, 2022. Uber One members from that period form a separate subgroup. Class members are included automatically; nothing needs to be registered for or paid.
The plaintiffs want a refund of overpaid service fees, with the amount to be determined, plus $500 in punitive damages per member and an extra $100 for Uber One members. They also want a full or partial refund of Uber One fees and an order requiring Uber to show the total cost upfront. These are requests; the court decides the final outcome.
On October 27, lawyers asked the court to approve member notices, to be sent by email from Uber and as a 30-day in-app message. The proposed opt-out period is 65 days after notice, and the exact date is still to be set. To opt out, write to the clerk of the Superior Court at the Montreal courthouse, file number 500-06-001391-255.
A related cancellation-fee class action was authorized in March, and there is an Ontario class action over the same service fee. Orders placed between November 28, 2021 and June 24, 2022 are covered by neither action.
