Judge Tigar found the FTC's allegations plausible on the central claims. The judge dismissed only one subclaim challenging Uber's "$0 delivery fee" representation, finding it expressly limited to eligible orders. The ruling does not address the merits of the remaining claims, which will proceed through discovery and trial.
Attorneys should watch this case closely because it clarifies how ROSCA applies to subscription enrollment tied to stored payment credentials. The decision signals that companies cannot rely on pre-stored payment information to streamline enrollment; they must obtain fresh affirmative consent after presenting required disclosures. This ruling reinforces that convenience features cannot override statutory disclosure requirements and reflects a broader FTC enforcement push against deceptive subscription practices. The implications extend beyond Uber to any business using stored payment methods for subscription enrollment.