Uber faces class action lawsuit from its Texas drivers

HOUSTON (KTRK) -- A class action lawsuit has been filed against Uber on behalf of its Texas drivers.

The attorney filed the lawsuit on behalf of one Uber driver but he says that's just the beginning, he isn't the only one complaining.

"Uber has not been very fair and very truthful to its drivers," Uber driver Chris said.

Chris has been an Uber driver for almost a year and a half. Uber is a California company's car service that provides drivers who can be hailed and dispatched through a mobile phone app. He says he would join a class action lawsuit.

"Customers are being told that tipping is actually included in the fare, which is a lie. Tipping is not included in the fare," Chris said.

That's the basis for today's filing by Houston Attorney Ross Sears II.

"I'm all for them making a profit, I'm all for them making obscene profits but don't do it at the expense of the guys that are making you the money, that's the drivers," Sears said.

The driver in the lawsuit claims Uber has advertised to customers on its website and in marketing materials that gratuity is included in the cost of its car service, but some Uber drivers say they do not receive the total proceeds of any such gratuity. The app gives a total payment to customers and no specific line for tipping.

"If you violate statues that are there to protect people like these drivers then you should be held accountable just like you or I would. That's kind of the drive behind it, no pun intended," Sears said.

A similar lawsuit is making its way through the California courts now, and Sears says he expects thousands of Texas Uber drivers will join this one.