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Uber reveals New Port Richey woman's personal data to other drivers

 
Jami Ermlich stands outside her Hyundai, which she used for her job as an Uber driver, outside a law office at 8910 North Dale Mabry Highway on Tuesday afternoon, January 26, 2015 in Carrollwood.
Jami Ermlich stands outside her Hyundai, which she used for her job as an Uber driver, outside a law office at 8910 North Dale Mabry Highway on Tuesday afternoon, January 26, 2015 in Carrollwood.
Published Jan. 26, 2016

It started with a Facebook message from her sister Sunday night. Then notifications from strangers started rolling in saying that Uber had released the New Port Richey woman's tax form — including her social security number and address — to Uber drivers nationwide.

Jami Ermlich, 34, was stunned. At first, she thought it was a joke. Then she saw the screenshots. There, on other people's computers, was her personal information, social security number and all.

"It's devastating," Ermlich said. "My social security number is linked to everything."

It's possible that Ermlich's 1099 — the tax form used by independent contractors and the self-employed — was made available to every driver in the country. Uber has not specified whether the data breach was limited to one region, but Ermlich heard from drivers in several different states.

In a statement released Monday, Uber said it takes partner privacy "very seriously" and that the company was in contact with the driver whose information was affected. It appears that Ermlich was the only Uber driver whose personal information was leaked, while it's unknown how many people saw her data online.

"Due to a bug in our system, one partner's 1099 information was viewable by other drivers for a short period of time," the statement said. "The bug has been fixed and we're deeply sorry."

Ermlich said she contacted the rideshare company at about 6:30 p.m. Sunday. Meanwhile, other drivers, concerned their 1099s had also been released to strangers, notified the company of the mistake.

Driver Orlando Almeida, 41, who operates in the Orlando area, reported the issue to Uber on Sunday. The company sent him an email saying the information from the 1099 was for a false account — and not an actual driver.

"We ensure you that the Jami Ermlich information that you received on your 1099 form is a dummy account used in a test run for 1099 service add-on on the app itself," read an email Uber sent out at 7:58 p.m. Sunday. (Read the email exchange at tbtim.es/va9.)

But it wasn't until after 9 p.m. Sunday that Ermlich got an email from Uber, saying it was investigating the issue and would be in touch.

She said she didn't get a phone call from Uber until Monday.

"They said they weren't sure how it happened, and they'd cover some sort of credit monitoring," said Ermlich, who started driving for Uber in April. "I think they were trying to play it off as if it had just happened and not that many people got my information."

Ermlich, a mother of four with another on the way, said she started driving for Uber because of the flexibility it provided. After working as a preschool teacher for 13 years, she liked the freedom that driving allowed. She could take her kids to school, accept rides throughout the day and pick her kids up in the afternoon.

At first, she found the company to be responsive and easy to work for. But over time, it became more difficult to resolve issues with the company, such as fare disputes and canceled rides.

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When Uber dropped its rates to 65 cents a mile earlier this month — an all-time low for the area — she gave up working for the company.

"It seems like they care less and less about the drivers," Ermlich said. "They just care about making money and that's it."

But she hasn't given up on the sharing economy just yet. She now works for Shipt, a service that delivers groceries to customers.

Uber said it is not aware of any other drivers whose information was leaked. The company said the information "was visible for a short period of time" and the information was removed "as soon as we learned about the issue."

Ermlich met with attorneys Tuesday to determine her legal options, but said she didn't get much guidance. Several told her they thought she likely had a case, but a matter like this was outside their expertise. Instead, they directed her to other lawyers. More calls to make. More appointments to arrange. Another day where she can't work.

Tampa attorney Michael Maddux said her legal situation is in a bit of a gray area because any damages she may have suffered at this point are speculative — it's unclear yet if someone will use her social security number or attempt to defraud her.

One option could be to pursue a case based on negligent infliction of emotional distress, but there are several factors she would have to prove.

"It's questionable as to whether there's any infliction of damages at this point or will there be," said Maddux, who has not spoken to Ermlich about the case. "I could see how she'd get pretty anxious wondering when the hammer is going to come hit her on the head now that everybody has seen her social security number."

Ermlich, who is four months pregnant, feels overwhelmed. She used to take anti-anxiety medication, but had to stop because of her pregnancy.

She and her fiancé already have enough to deal with, Ermlich said. The added pressure of the last few days has left them feeling even more anxious.

"We have financial stress and all this other stuff, so I'm already stressed out with to begin with, majorly," Ermlich said. "This is taking me to the next level.

"I don't know what do."

Contact Caitlin Johnston at cjohnston@tampabay.com or (813) 226-3401. Follow @cljohnst.