Yes, "providing an app that lets people find independent contractors who give people rides" is what Uber/Lyft will argue.
And there are a host of companies that offer similar services. They derive their value from being able to facilitate business interactions.
Angie's List is another example, and I can totally see similar businesses passing the "B" part of the test, because although they may implement some quality-control measures, such as requiring the independent contractors to abide by certain terms or meet certain standards, they are pretty hands-off in terms of HOW the recommended plumber fixes the clogged drain, or HOW the recommended carpet cleaner schedules its appointments.
But with Uber/Lyft, the HOW is much more like an employee relationship.
The problem with that argument is Uber will kick people off the platform. They manage the relationship between customers and drivers instead of simply facilitating communication and payment.
By comparison most point of sale (POS) venders just provide hardware and software don't involve themselves in the actual business enough though they may provide phone apps etc. Marketplaces like App stores or Amazon get more involved, but they don't dictate prices.
On Angie's List, the contractor sets the price, and I don't believe they're punished (sent to the bottom of the rankings) if they don't choose to accept a client. This is not the case with Uber/Lyft, where Uber/Lyft sets a price the driver has no say in whatsoever, and if you turn down rides, you get sent to the bottom of the queue.
Angie's List seems like ... a list. I have the option of picking which independent contractor on the list I want to hire. I pay them, I don't have my credit card number on file with Angie's List. And in common speech I will "get an Uber" or "get a Lyft" to go somewhere, but I won't "get an Angie's List" (or even any slightly similar phrasing) to do some work, I'll "find someone from Angie's List." I definitely have never said that I'll "find a car service on Uber".
So yeah, I agree that Angie's List is clear of B and Uber/Lyft much less obviously so.
Having card on file is not a big difference - a lot of sites like Amazon or Yelp record cards, that doesn't mean Amazon sellers or Yelp business are employees on Amazon and Yelp. Ability to choose specific service provider is much more of a difference. But Uber could easily fix it (though it probably would raise some discrimination concerns, for example).
Being an app company and not a company that gives rides is a strange rationale for investing in self-driving cars. Will the robots be considered independent actors too?
And there are a host of companies that offer similar services. They derive their value from being able to facilitate business interactions.
Angie's List is another example, and I can totally see similar businesses passing the "B" part of the test, because although they may implement some quality-control measures, such as requiring the independent contractors to abide by certain terms or meet certain standards, they are pretty hands-off in terms of HOW the recommended plumber fixes the clogged drain, or HOW the recommended carpet cleaner schedules its appointments.
But with Uber/Lyft, the HOW is much more like an employee relationship.