Square’s Caviar agrees to pay $2.2 million to settle class-action lawsuit over gratuity

Square, the payments company led by Jack Dorsey, has agreed to pay $2.2 million to settle a class-action lawsuit involving its on-demand food delivery service, Caviar . Today, customers who ordered food from Caviar between January 20, 2012 and August 31, 2015 received a notice of the proposed class-action settlement.

As part of the settlement, which TechCrunch has reviewed, plaintiff Spencer Janssen’s counsel is expected to seek up to $755,000 in fees and costs. Janssen himself is seeking up to $10,000, which means the remaining $1.44 million will be divvied up among other class members, who can use the money to put toward another Caviar order. The parties agreed there were 93,914 class members, so that comes out to about $15.28 per person. The court will make its decision to approve or deny the settlement on September 21, 2018.

The lawsuit claimed Square collected gratuities from customers but didn’t pass on that money to the delivery drivers. Square disputes those claims, and also points to the fact that “each driver knew in advance the amount he or she would be paid under his or her contract for each order before accepting and making that delivery,” Square’s attorney wrote in a court filing.

“We have always properly compensated delivery couriers, and discontinued this practice long ago to provide better transparency around costs,” a Square spokesperson told TechCrunch. “We have chosen to settle this matter to avoid the cost and distraction of litigation and provide direct benefit to our valued customers.”

In the agreed-upon settlement, it’s reiterated that Square denies all the allegations “and took the position that the use of the term ‘gratuity’ was neither misleading to reasonable consumers nor unlawful. Defendant contended that the amounts collected as gratuities from Plaintiff were paid to his independent contractor couriers.”

I’ve reached out to Square and will update this story if I hear back. In the meantime, here’s the original complaint:

Spencer Janssen v Square by Megan Dickey on Scribd

Chinese electric car startup Byton raises $500 million

Byton, a Chinese electric car startup, has secured a $500 million Series B funding round to fuel the development of smart, connected cars. Investors include FAW Group, Tus-Holdings and CATL. Byton also announced the opening of a new HQ in Nanjing, China. This is on top of Byton’s research and development center in Santa Clara, Calif.

“By combining our expertise in R&D and traditional car-making with innovative Internet technologies, we aspire to pioneer a smart mobility revolution,” Byton CEO and Co-founder Dr. Carsen Breitfeld said in a statement.

At the Consumer Electronics Show, Byton unveiled its all-electric SUV concept. Earlier this year, Byton also announced a partnership with self-driving car startup Aurora. The terms of the partnership entail Aurora powering Byton’s autonomous driving features via a pilot deployment in the next couple of years. Byton plans to roll out its first batch of prototypes in April 2019 with the goal of Q4 2019 for the launch of a mass produced model.

Ford tests autonomous on-demand delivery with Postmates

Ford is teaming up with startup Postmates to pilot test autonomous on-demand delivery in Miami and Miami Beach, Fla. The pilot program includes 70 businesses like Coyo Taco

Ford is also testing vehicle designs with multiple lockers in order to be able to serve more than one customer per delivery route. Since Postmates handles anything from food to hardware, the lockers are a variety of sizes.

The goal is to see how businesses and consumers interact with self-driving delivery cars. On the employee end, they get an access code to place the item inside. On the customer side, they’ll receive a text message with an access code when the order is ready to be picked up.

“Ultimately, we’re trying to make interaction with self-driving vehicles as easy as possible,” Ford wrote in a blog post. “Through our collaboration with Postmates, we’re testing different methods for efficient deliveries to help local businesses expand their reach and provide a seamless experience to customers.”

This is similar to Ford’s previous partnership with Dominos in Ann Arbor, Mich. and Miami, Fla. What’s different about this pilot, however, is the vehicle design that features multiple lockers, and both a touchscreen and audio for instructions. Each locker also has two cup holders to ensure seamless delivery of beverages.

Ford expects to officially deploy its purpose-built autonomous cars in 2021. In its pilot with Dominos, Ford found “customers enjoyed the voice instructions that played over speakers mounted on the outside of the vehicle to explain how to get their pizza out of the self-driving vehicle upon arrival at their house,” Ford EVP and President of Global Markets wrote in Medium post in December.

Uber is looking to buy the bike-share company behind Citi Bike and Ford GoBike

Uber is reportedly looking into buying Motivate, the company that makes Ford GoBike’s in the San Francisco Bay Area and Citi Bike over on the East Coast. This comes following reports of Lyft getting close to purchasing Motivate in a $250 million deal.

Uber bought bike-share startup JUMP, a dockless, electric bike-share service, earlier this year, for about $250 million. In April, Motivate deployed electric bikes in San Francisco. Once JUMP’s 18-month pilot program with the city is up next June, we can expect to see companies like Motivate, Lime and others apply to deploy their own dockless bikes in the city.

I’ve reached out to Uber and will update this story if I hear back.

Just this week, both Uber and Lyft applied to deploy electric scooters in San Francisco. You can read more about that here.

Silicon Valley scooter wars

Electric scooters have become the hot new area for startups and “innovation.” For those who haven’t been keeping track, there are three main players in the Silicon Valley scooter wars: Bird, Lime and Spin. Bird first launched in Venice, Calif. before expanding into San Francisco in March. It’s worth pointing out that Bird, for now, is strictly an electric scooter company. That’s not the case for Lime and Spin, which both have their own bike-share services deployed throughout various parts of the country and world.

That same month — almost in complete lockstep — Lime and Spin deployed their own electric scooters in the city. Fast forward to June and the city of SF has placed a temporary hold on electric scooters until it can review permit applications. As part of a new city law, which went into effect June 4, scooter companies are not able to operate their services in SF without a permit.

Twelve companies (Uber/JUMP, Lyft, Skip, Spin, Lime, Scoot, ofo, Skip, Razor, CycleHop, USSCooter and Ridecell) have applied for permits in SF, but the city’s Municipal Transportation Agency will issue permits for no more than five companies during the 24-month pilot program. The program would grant up to 2,500 scooters to operate in total, but it’s not yet clear how many scooters each company would be allowed to deploy.

Uber and Lyft’s entrance into the electric scooter space was expected, given that Uber CEO Dara Khosrowshahi told me in April that he had his eyes on electric scooters, and Lyft had reportedly been in talks with the SFMTA about its permitting process. But it became more official this past week when both companies applied for permits to operate in SF. Both Uber and Lyft, which have both recently announced public transit integration, are clearly vying to become the one-stop shop for all transportation needs.

The SFMTA said it’s aiming to notify companies of their permit status by the end of June. If issued a permit, companies must then pay an annual permit fee of $25,000, as well as a $10,000 public property repair and maintenance endowment. Companies must also share trip data with the city.

But the scooter moratorium in SF has little effect on the state of scooters as a whole. The last week alone has been filled with multimillion-dollar investments in electric scooter companies like Bird and Lime. Bird authorized a new $200 million funding round that could value the company at around $1 billion post-money, and Bird competitor Lime is also reportedly raising $250 million. 

Below, you can see where some of these newer players stack up in comparison to each other. This is just a look at companies that have deployed electric scooters in the United States.

Where the scooters at

California is the main hot spot for scooters in the U.S., but they have also popped up in Texas, Washington D.C., North Carolina and other states throughout the country. Unsurprisingly, regulation has proved to be an issue for many of these companies. In SF, the MTA is currently reviewing permit applications from electric scooter companies looking to operate in the city. The permit process came as a result of Bird, Lime and Spin deploying their electric scooters without permission in the city in March.

Over in Austin, dockless electric scooter startup GOAT says it’s working with the city to ensure its service meets the criteria laid out by regulators. Moving forward, GOAT says it’s actively working with other cities to pursue additional operating permits. In D.C., Skip, which is trying to differentiate itself by being more heavy-duty, worked with city officials and lawmakers to ensure it had the greenlight before launching.

Here’s an overview of where you can expect to see electric scooters throughout the country.

Outside of the U.S., Bird is looking at deploying scooters throughout Europe, the Middle East and Africa. In February, Bird brought on Patrick Studener, a former international growth product manager at Uber, to serve as head of EMEA at Bird, according to Studener LinkedIn. Earlier this week, TechCrunch also spotted a job posting for a general manager in Europe to lead market management.

Meanwhile, a source sent us a Lime on the streets of Zurich, Switzerland. It turns out Lime is working with the city around some pilot programs with private businesses.

Building scooters

Many companies aren’t actually building their own scooters. Instead, they’re slapping stickers and logos on scooters that have been around for years. Lime, Bird and Spin launched using scooters from Ninebot, a Chinese scooter company that has merged with Segway. Ninebot is backed by investors including Sequoia Capital, Xiaomi and ShunWei. But Lime, Skip, Spin and Bird are looking to change that.

In May, Lime partnered with Segway to launch its next generation of electric scooters. These Segway-powered Lime scooters are designed to be safer, longer-lasting via battery power and more durable for what the sharing economy requires, Lime CEO Toby Sun told TechCrunch last month. Now, instead of a maximum distance of 23 miles or so, Lime scooters can go up to 35 miles.

“A lot of the features in the past on scooters were made for the consumer market,” Sun said. “Not for the shared, heavy-duty markets.”

Lime scooter built in partnership w/ Segway

Bird is also experimenting with some new scooter models, but they seem to modified versions of a Segway ES2. When reached for comment, Bird said it didn’t have many details to provide. Meanwhile, Skip does have plans to build its own custom scooters but currently modifies the Speedway Mini4 63V 21Ah scooters.

Skip scooter deck

With Spin, the company does have plans to build its own scooters but isn’t ready to announce details. What Spin CEO Euwyn Poon would share with me is that the company has spun up a custom production line and supply chain.

GOAT, on the other hand, is deliberately taking the partnership route, having developed GOAT on top of a Segway scooter since the beginning.

“This decision was based not only on a superior quality scooter and the ability to maintain this quality at scale, but also our ability to work side-by-side with the Segway team in Changzhou, China and remotely here in Austin,” GOAT co-founder Jennie Whitaker told TechCrunch in an email. “We believe that it’s important to focus on what you’re the best at, which means allowing Segway to produce superior electric scooters while we focus on building technology to solve mobility problems for the world.”

A new side hustle

Just like ride-hailing apps like Uber and Lyft created new jobs, electric scooter companies seem to be doing the same. During some March public hearings in SF, companies touted how their respective services create jobs for people in low-income communities. Given that each player’s scooters need to be charged, they’re relying on everyday people to scoop up these scooters at night, charge them and then drop them off early the next morning.

Lime, for example, has its Juicer program. Bird has its Charger program, Spin has its Squad program and Skip has street team chargers. Spin pays $5 per scooter, Bird pays between $5 to $25 per scooter charged, depending on how hard it is to find the scooter. And Lime pays up to $12 per scooter, depending on the location.

In March, Harry Campbell over at The Rideshare Guy documented what it was like to be a charger for Bird. The TL;DR is that he had a good time and he could see how it would make sense for people looking to make some extra cash.

Scooter parking

Austin scooter parking

Moving forward, companies are looking at ways to ease some of its effects on sidewalk congestion, which has been a primary concern for city dwellers and legislators. In March, SF Supervisor Jane Kim said she didn’t envision handing out permits until the city could figure out a better way to dock the scooters. At the time, the SFMTA said the onus is on the companies to ensure proper docking and that it’s willing to work with each company around that process.

But over in Austin, the city has taken matters into its own hands. In May, the city adopted new rules that require riders to park in designated areas. This decision was inspired by some action Seattle took around dockless bicycles.

Each city will, of course, regulate in whatever way they think is best. But these designated scooter parking areas do seem like a solid way to ensure people aren’t tripping over scooters left in the middle of the street.

A fallen Bird in SF

In addition to figuring out a way to handle scooter parking, companies also have to worry about vandalism and theft. In SF, before the temporary ban, it wasn’t uncommon to see scooters with graffiti, cut wires or with dismembered parts.

Companies, of course, account for things like this and are keeping tabs. Lime told me lost scooters and vandalism affects less than one percent of its overall fleet across markets.

If you’ve made it this far in the story, I tip my hat off to you. Be sure to holler at me if you see scooters behaving badly, launching in new markets or yelling at people on the streets.

Uber and Lyft apply for electric scooter permits in SF

Uber and Lyft have officially put their respective names into the electric scooter competition. Uber and Lyft are among the 11 companies that applied to operate an electric scooter-sharing service within San Francisco city limits. The city, however, will only offer up to five companies permits to operate as part of a one-year test program.

Uber declined to comment, but confirmed that it has applied for a permit via JUMP, the bike-share startup Uber acquired for about $200 million in April. Once Uber is cleared to operate electric scooters, the plan is to integrate them into the Uber app and continue fleshing out Uber CEO Dara Khosrowshahi’s vision for a full-fledged multi-modal transportation platform.

Lyft also confirmed to TechCrunch that the company applied for a permit, but declined to share any further details. Here’s the full list of companies that applied, via the SF Chronicle:

  1. Bird
  2. CycleHop
  3. JUMP via Uber
  4. Lime
  5. Lyft
  6. ofo
  7. Razor (yes, *that* Razor)
  8. Ridecell
  9. Scoot
  10.  Spin
  11.  USSCooter

San Francisco’s permit process came as a result of Bird, Lime and Spin deploying their electric scooters without permission in the city in March. As part of a new city law, which went into effect June 4, scooter companies are not able to operate their services in San Francisco without a permit. The SFMTA said it’s aiming to notify companies of their permit status by the end of June.

For more information about electric scooter regulation in San Francisco, be sure to check out my previous coverage.

Lime brings electric scooters to LA

While electric scooter startups are at a standstill in San Francisco, Lime is taking its scooter service to Santa Monica, Calif. — competitor Bird’s home turf. Lime was planning to launch its new model of scooter that it built in partnership with Segway in San Francisco last month, it’s now debuting them in the Los Angeles area first.

These Segway-powered Lime scooters are designed to be safer, longer-lasting via battery power and more durable for what the sharing economy requires, Lime CEO Toby Sun told TechCrunch in May. Now, instead of a maximum distance of 23 miles or so, Lime scooters can go up to 35 miles.

“A lot of the features in the past on scooters were made for the consumer market,” Sun said. “Not for the shared, heavy-duty markets.”

On the safety side, Lime enhanced its night-light on both the front and back of the scooter, and has added a light to flash below the deck. Lime has also added an additional brake, to have one on both the front and rear wheels.

Lime, which also has its pedal-assist electric bikes out and about in the LA area, says this is the first multimodal transportation service in LA. This news comes following reports of Lime raising a $250 million round led by GV.

Tesla Model X sped up in Autopilot mode seconds before fatal crash, according to NTSB

The National Transportation Safety Board has released a preliminary report detailing the fatal crash involving a Tesla Model X in March. The crash also resulted in a fire and shut down two lanes of Highway 101 near Mountain View, Calif. At this point, the NTSB has yet to determine a probable cause of the crash and is continuing to investigate the accident.

The report says the Model X, while in Autopilot mode, sped up to 71 mph in the seconds leading up to the crash.

“At 3 seconds prior to the crash and up to the time of impact with the crash attenuator, the Tesla’s speed increased from 62 to 70.8 mph, with no precrash braking or evasive steering movement detected,” the report states.

Source: NTSB/S. Engleman

Tesla’s Autopilot mode is designed to match the speed of a slower vehicle traveling ahead of it. At the time, Autopilot was set to 75 mph, according to the NTSB.

A Tesla spokesperson declined to comment but pointed me to its March blog post, where the company describes how the driver’s hands were not detected on the wheel for the six seconds prior to the collision. The NTSB confirmed that in its preliminary report today.

“Tesla Autopilot does not prevent all accidents – such a standard would be impossible – but it makes them much less likely to occur,” Tesla wrote in a March blog post. “It unequivocally makes the world safer for the vehicle occupants, pedestrians and cyclists.”

Walter Huang, the owner of the car who died as a result of the crash, had previously taken his car into the Tesla dealership, saying his car had a way of veering toward the exact barrier his car hit, ABC7 reported. Tesla, however, previously said it has no record of Huang complaining about Autopilot.

Lyft redesigns rider app to encourage shared rides

Lyft has revamped its rider app in an attempt to help people get where they’re going faster. Instead of first asking for pickup information, the app will now ask where you’re going, which Uber first started asking in 2016. The app is also designed to encourage more shared rides. Oh, and Lyft is now no longer calling its carpool feature Line. Instead, they’re simply shared rides.

“We’re updating [Line] to shared and you’re going to see a suite of options for shared as we evolve over time,” Lyft VP of Design Katie Dill told TechCrunch. “There are multiple different ways of sharing a ride. By calling it shared, we’re a lot more clear with our passengers.”

This new app will roll out to everyone over the next month.

Currently, 35 percent of Lyft rides are shared, but the goal is to reach 50 percent shared rides by 2020, Lyft VP of Government Relations Joseph Okpaku told TechCrunch. Through some early testing of the new design, Lyft says it has already seen a 5 percent increase in shared rides. This is not a direct apples to apples comparison, but in San Francisco, people share rides up to 50 percent of the time with Uber Pool.

“One of our focuses has been the idea of shared rides,” Okpaku said. “Getting people to share a ride with a stranger.”

Lyft has also made it easier to compare prices of its solo versus shared rides. The screen above, Dill said, is where Lyft has seen the five percent increase in choosing a shared ride.

To further promote shared rides, Lyft will notify those who opt to ride solo if there’s an available shared ride heading their way that doesn’t include any detours. The ultimate goal, Okpaku said, is to get more people in a smaller number of cars.

In the near-term, Lyft is launching transit integration with the Transportation Authority of Marin in Marin County, Calif. and the Big Blue Bus in Santa Monica, Calif. In total, Lyft has more than 25 transit partners throughout the country.

“We’ve been really bullish on the fact that transit and ride-sharing are inherently compatible,” Okpaku said.

Lyft isn’t sharing mockups of its transit integration, but the idea is that people will be able to get public transit trip details from within the Lyft app. For now, it doesn’t seem like payments will be part of the experience. Uber, on the other hand, recently announced a partnership with Masabi a mobile ticketing platform for public transit. Masabi handles ticketing for 30 transportation agencies worldwide, including Los Angeles’ Metrolink, New York’s MTA, London’s Thames Clippers and Boston’s MBTA. The idea is that as people will be able to book and use transit tickets from within the Uber app.

UberMasabi partnership

Lyft has also done some work with the city of San Francisco to reduce congestion on some of the city’s highly trafficked streets. Near Valencia Street, for example, Lyft has created a couple of pickup and dropoff spots for passengers off to some side streets. Over the last couple of months, Lyft says it has directed over 20,000 pickups to those side streets.

“This is something we’ve done here and there, but is now something we’ll systemize,” Okpaku said. “We will do this permanently on Valencia and will expand across San Francisco and other parts of the country.”

This redesign comes at a time when Lyft is looking into both bike-share and electric scooters. With the design, it’s clear to see how Lyft could easily add new modes of mobility.

Self-driving robot delivery startup Starship Technologies raises $25 million

The robots are here and one company, Starship Technologies, has raised $25 million to bring even more to the mainstream. This latest round of funding includes a follow-on investment from Matrix Partners and Morpheus Ventures. New investors include Airbnb co-founder Nathan Blecharczyk, Skype founding engineer Jaan Tallinn and others.

These autonomous robots can carry items, like groceries or packages, within a two-mile radius. The plan with the funding is to deploy Starship robots in neighborhoods, corporate and university campuses in both the U.S. and Europe.

Starship has also brought on former Airbnb business development lead Lex Bayer as chief executive officer.

“We are at the point where we are ready to start deploying our network of robots at scale,” Starship co-founder Janus Friis said in a statement. “This additional funding, and Lex’s appointment, will allow us to bring our services to market. Lex joins us with a proven track record of growing businesses that change the way we live for the better.”

But Starship is by no means the only company operating in this space. There’s Boxbot, a startup that recently received a permit to test autonomous vehicles with a safety driver, and Nuro.

Starship has previously partnered with on-demand food delivery companies like DoorDash and Postmates to test out its robot delivery service. Last January, Starship partnered with the aforementioned companies for a pilot program in Redwood City, Calif. and Washington, D.C. To date, Starship robots have traveled more than 100,000 miles in 20 countries, across 100 cities.

Prior to this round, Starship raised $17.2 million in a seed round led by Mercedes-Benz Vans with participation from Shasta Ventures, Matrix Partners, ZX Venturers, Morpheus Ventures and others.