There are arguably lots of things that a technology startup or any company that collects data on its product and users “knows or should know,” where “should know” seems to mean “should know by virtue of having the data.”
Bird knows or should know where scooters are left;
Airbnb knows or should know when properties are rented illegally;
Amazon knows or should know when banned products are sold on its site;
Facebook knows or should know when fake news is distributed.
The Bird complaint is, in that sense, a microcosm of the debate over what responsibilities technology companies have as custodians of our data.