Uber background checks missed murderer, sex offenders, US prosecutors claim

UBER’S background checks missed 25 people with serious criminal histories, allowing a murderer and sex offenders to drive for the firm, a lawsuit alleges.

The Uber Technologies Inc. logo is displayed on the window of a vehicle after dropping off a passenger at Ronald Reagan National Airport (DCA) in Washington, D.C., U.S., on Wednesday, Nov. 26, 2014. Uber Technologies Inc. investors are betting the five-year-old car-booking app is more valuable than Twitter Inc. and Hertz Global Holdings Inc. Photographer: Andrew Harrer/Bloomberg

PROSECUTORS from California have accused global ridesharing service Uber of misleading customers and having lax background checks that let criminals drive for the firm, court documents show.

Prosecutors claim they found 25 people with serious criminal histories driving for Uber in the state, including a murderer, a sex offender and an identity thief.

The company’s background checking process was riddled with “systemic failures”, they alleged.

“In Los Angeles alone, registered sex offenders, a kidnapper, identity thieves, burglars, and a convicted murderer had passed Uber’s ‘industry leading’ background check,” the prosecutors wrote in a complaint that seeks penalties against the company.

The drivers’ criminal histories only came to light after they were caught in other infractions while driving for Uber, the documents allege.

The company’s publicity, it said, was “likely to mislead consumers into believing that Uber does everything it can to ensure their safety and that Uber’s background check process will capture all of the criminal history of an applicant,” the complaint said.

It said the allegedly “misleading representations” were particularly dangerous given that many California parents send their teenage children unaccompanied with Uber drivers.

One driver who was convicted for “committing lewd or lascivious acts against a child under 14” gave almost 6,000 rides to Uber passengers, including unaccompanied children, Sky News reports.

Another, a convicted murderer who spent 26 years in prison before being released on parole in 2008, allegedly joined Uber with a fake name and gave 1,168 rides before being discovered.

A third driver had a conviction for kidnapping for ransom with a firearm, selling cocaine and drink driving.

Uber treats its drivers as independent contractors, and has generally fewer contract obligations surrounding them then typical cab companies.

Uber responded by saying it disagreed with the conclusion that state prosecutors had come to.

“While we agree with the district attorneys that safety is a priority, we disagree that the Livescan process used by taxi companies is an inherently better system for screening drivers than our background checks,” a company statement said.

Uber said it was looking forward “to resolving this issue” noting that the case was similar to one settled last year by rival ridesharing company Lyft.

Uber, which recently reached a valuation of $US50 billion ($A68.16 billion), has been criticised, boycotted and faced legal action around the world because of its cost-cutting business model.

Some drivers in California have charged that they should be treated as employees of the company and receive benefits, not entitled to independent contractors.

A British union has said last month it would take legal action over pay and conditions for drivers.

District Attorney George Gascon said the growing ride-hailing company continues to unfairly claim it is rigorously checking the background of its drivers. Gascon said Uber can’t make that claim unless it puts it drivers through the same fingerprinting process required of taxi drivers in California.

“This is really only scratching the surface,” Gascon said at a news conference.

Gascon and Los Angeles County District Attorney Jackie Lacey filed the original lawsuit in December. The lawsuit doesn’t object to Uber’s background checks, but it objects to the company’s claim that it uses an industry-leading process to vet its drivers. Anything short of fingerprinting can’t make that claim, Gascon said.

In a statement Wednesday, Uber said it disagrees with Gascon. Company spokeswoman Jessica Santillo said that no background check system is flawless and its checks are just as detailed as with taxi drivers.

Santillo said Uber ran background checks of “hundreds” of California taxi drivers and uncovered convictions for drunken driving, rape, attempted murder, child abuse and violence.

The two California district attorneys settled a similar lawsuit with Uber competitor Lyft last year. Lyft agreed to pay $250,000 and to stop claiming its background checks were among the best in the industry.

Uber and its competitors have encountered various political hurdles as they expand services.

Government entities around the globe are grappling with how to regulate and monitor ride-hailing companies. Taxi and limousine drivers and companies complain that the app makers should be subjected to the same regulations and fees they face around the world.