Uber has lost its bid to knock out a class action lawsuit brought on behalf of drivers who claim the company shortchanged them on minimum fare rides after it instituted its “Safe Rides” fee in 2014.

In a 19-page order, U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California on Thursday found Uber Technologies Inc.’s agreement with drivers didn’t allow for the company to deduct the $1 fee from the total used to calculate what drivers received from short rides that resulted in customers being charged a set minimum fee.

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