New York City Says This Rideshare App May Owe Millions In Unpaid Congestion Fees

New York City Council Majority Leader Shaun Abreu is calling on the MTA to investigate rideshare platform Empower, arguing the company may be sidestepping New York City’s congestion pricing system while gaining an unfair advantage over licensed competitors like Uber, Lyft and the city’s yellow taxi fleet, according to the NY Post..

The Post writes that cecause Empower does not hold a Taxi and Limousine Commission license, Abreu contends it has not been collecting the per-trip congestion charges that licensed for-hire vehicles are required to pass along to passengers, allowing the company to advertise lower fares.

According to Abreu, if Empower is facilitating as many as one million rides per month in New York City, the unpaid congestion fees could amount to tens of millions of dollars annually that would otherwise help fund the region’s transit system. He has asked the MTA to determine how many Empower trips entered the congestion pricing zone without paying the required toll, calculate any missing revenue and pursue repayment if appropriate.

MTA Chairman Janno Lieber said the agency is already examining the issue and intends to recover any fees that should have been collected, saying companies should not be able to exploit regulatory loopholes.

Empower strongly disputes the accusations. The company says it has repeatedly offered to work with city officials to facilitate payment of any applicable taxes or congestion charges but claims those proposals were rejected. Empower maintains that it is not a traditional rideshare operator because drivers pay a monthly subscription fee to access its platform, set their own fares and keep the full amount paid by passengers, making the company a software marketplace rather than a transportation provider.

The controversy adds to Empower’s broader legal challenges in New York. The city has already filed suit, alleging the company is effectively operating as an unlicensed rideshare service while avoiding the regulatory requirements and costs imposed on its competitors. Similar disputes have arisen in Washington, D.C., where courts previously ordered Empower to stop offering rides without proper authorization and later imposed millions of dollars in contempt penalties after the company continued operating.