Uber Eats class action alleges hidden Service Fee buried until checkout
Toronto law firm filed suit in Ontario Superior Court in May 2025 targeting minimum $2 charge on orders under $20.
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A proposed class action lawsuit filed against Uber Eats in Ontario Superior Court is targeting what it calls a hidden "Service Fee" that appears only at the final stage of checkout, buried under a line item labelled "Taxes & Other Fees."
The lawsuit, filed in May 2025 by Toronto law firm Koskie Minsky LLP, describes the practice as drip pricing — revealing the true cost of a service piece by piece as the consumer moves through the transaction. The Service Fee itself runs a minimum of $2.00 on orders under $20, 10 per cent on orders between $20 and $40, and caps at $4.00 on orders above $40.
For Uber One subscribers, the complaint raises an additional issue. The $9.99 monthly subscription is marketed as including free delivery on eligible orders, but according to the claim, the Service Fee still applies to every delivery order regardless. The lawsuit argues this amounts to a breach of contract since subscribers are paying for a benefit that does not fully exist.
The proposed class covers every Canadian resident who placed a delivery order on Uber Eats and paid a Service Fee on or after May 16, 2023. A certification hearing is scheduled for March 2027. For more information, Koskie Minsky can be reached at ubereatsclassaction@kmlaw.ca or toll-free at 1-855-595-2628. This is not the first time Uber has faced legal challenge in Canada over disclosure practices; in June 2025, Quebec Superior Court authorized a separate class action targeting Uber's cancellation fee practices.
The facts
When was the Uber Eats class action lawsuit filed?
The lawsuit was filed in May 2025 by Toronto law firm Koskie Minsky LLP in Ontario Superior Court.
What is the Uber Eats Service Fee structure?
Uber Eats charges a minimum $2.00 Service Fee on orders under $20, 10 per cent on orders between $20 and $40, and a maximum $4.00 on orders above $40.
Do Uber One subscribers avoid the Service Fee?
No. The $9.99 monthly Uber One subscription is marketed as including free delivery on eligible orders, but according to the lawsuit, the Service Fee still applies to every delivery order.
When is the class action certification hearing scheduled?
The certification hearing for the Uber Eats class action is scheduled for March 2027.
