Uber's Lawsuit Against Fetch Media

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On September 18th, Uber, a mobile ridesharing service, filed a lawsuit against Fetch Media, a UK mobile advertising agency, to the US District Court for the Northern District of California, claiming that their mobile ads by Fetch were not as effective as expected. The ads were supposedly nonexistent, nonviewable, or fraudulent ads that caused a great amount of monetary damage to Uber, estimated to be at least $50 million. In their contract, it was stated that Fetch would only get profits on the users who clicked on the ads to download, sign-ups or first trips. However, Uber believes Fetch got credit for app downloads without ever having customers physically tapping on the app. They also didn’t prevent ad fraud and didn’t return rebates they owed to Uber. Simply, Uber is suing …show more content…

Uber’s initial “claim for relief” was the breach of contract. Fetch had apparently disclosed fraudulent info that didn’t accurately and effectively advertise Uber, resulting in millions of dollars of damages. It didn’t reflect the obligations stated in their contract by failing to remediate fraud making Uber pay more in inventory and commission. This in turn is a breach of the covenant of good faith and fair dealing as Fetch was allegedly dishonest and more received benefits than stated in the contract. There was also a claim for unjust enrichment since Fetch had claimed more benefits than planned from the contract and didn’t give Uber the same amount of consideration. In regards to tort law, Uber sued for negligent misrepresentation as they had relied on Fetch’s services and spent more than intended. This leads to Uber wanting punitive damages for this misrepresentation. Also, there was an intentional breach of fiduciary duty since Fetch had falsely portrayed their effectiveness in their services and disclosed their reports and

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