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By John Kristensen of Kristensen Weisberg, LLP posted in Rideshare on Wednesday, February 27, 2019.
Passenger Files Suit Against UBER After Driver Uploads Explicit Photos from Phone to Social Media

Kristensen Weisberg, LLP, on behalf of their client, announced they have filed a lawsuit against UBER and one of its drivers after that driver found explicit photos on the cell phone their client, an UBER passenger, had left behind. The driver then uploaded the photos to the passenger’s social media accounts. 

 

The plaintiff, identified by the fictitious name JANE DOE to protect her true identity from public scrutiny due to the private nature of the allegations, rode in an Uber after a night out with her friends in October of 2017. After leaving the Uber, the passenger realized she had left her cell phone in the car. Shortly thereafter, she was horrified when she was alerted by a friend that private sexually explicit photographs and videos were uploaded to her Instagram account without her knowledge or consent by the Uber driver.

 

“This Uber driver knowingly and intentionally hacked into my client’s phone, searched through her photographs, and uploaded them to her Instagram account,” said John Kristensen, Attorney for the Plaintiff. “The Uber driver’s conduct was illegal, outrageous, completely intolerable and goes beyond all possible bounds of decency and reasonable behavior. This guy knew that posting these photos would cause severe emotional harm to my client, but he did it anyway with little or no thought to the consequences.”

 

The driver’s conduct violates California Civil Code Section 1708.85 prohibits the distribution of sexually explicit material of another person without that person’s consent. UBER is named in the suit because the driver was acting within the course and scope of his employment with the ride-sharing company. 

 

The complaint was filed in the Superior Court of the State of California, County of Los Angeles, Stanley Mosk Courthouse today as a complaint for damages alleging action based on Civil Code 1708.85; Intrusion; Public Discourse of Private Facts; Negligence; Negligent Hiring, Retention, and Supervision, Negligent Infliction of Emotional Distress; and Violation of the Unruh Civil Rights Act, California Civil Code 51, et seq.