The Australian Competition and Consumer Commission, which brought the case, was unable to provide any evidence about the potential financial harm suffered by the misleading cancellation message, O’Bryan added. “This left the court in the position of speculating whether any harm was suffered and, if so, whether the harm was significant or trivial.”

However, ACCC chair Gina Cass-Gottlieb insisted that the reduced penalty did not mean the court was less willing to impose penalties for corporate wrongdoing.

“We note Justice O’Bryan’s statement that the ordered penalty should not be understood as any reduction in the court’s resolve to impose penalties appropriate to achieve the statutory objective of deterring contraventions of the Australian Consumer Law,” she said.

Uber also will have to implement a compliance program, not communicate anything misleading about cancellation fees for three years, publish a notice on its website, and pay the ACCC’s legal fees.

In a statement, Uber Australia said it valued the work ACCC did to protect consumers.

“We apologise to our riders for the mistakes we made, and we have since proactively made changes to our platform based on the concerns raised with us. This includes discontinuing the UberTAXI option in 2020 and changing our cancellation messaging to make it clear exactly when cancellation charges will or will not apply, so that riders always have certainty,” the statement said.

“As always, we will continue to listen to the feedback from driver partners and the millions of Australians who take rides with Uber to deliver the best possible experience.”

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