Christina Spicer  |  May 15, 2019

Category: Legal News

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postmates app on smartphoneA New York woman says that she and other consumers have been tricked by Postmates’ “Anything. Anytime. Anywhere,” marketing campaign, as well as by deceptive fees.

Lead plaintiff Jamie Feld says she signed up for Postmates in New York City in 2019 based on its marketing campaign and promised delivery fees.

Feld says she was surprised to learn that despite Postmates promise of delivering “Anything. Anytime. Anywhere,” services are limited to certain vendors. In addition, she says that she was assessed additional fees when she attempted to use the service to deliver food.

“The ability to deliver from restaurants or kitchens in New York City…is highly coveted, evinced by the operation of at least three other delivery services with exclusive arrangements with restaurants,” points out the Postmates class action.

“Contrary to Defendant’s express or implied representations, the [Postmates] website and application cannot deliver anything, anytime, anywhere – and might be [Postmates] attempt to increase the value of their brand unfairly to customers, while their competitors continue to legally contract with local businesses to fairly increase the value of their brands to customers.”

According to the Postmates class action lawsuit, Postmates also touts its $1.99 fee for food deliveries; however, the company charges an additional, undisclosed service fee.

“Delivery for a set ‘Delivery Fee’ would mean to a reasonable NYC customer that delivery was possible for that price, plus tax and cost of goods since it is reasonable to believe a business could provide such a service, since competitors exist and do provide such services or disclose the use of an extra ‘Service Fee’ conspicuously without needing extra clicks,” contends the Postmates class action lawsuit. “Contrary to Defendant’s express or implied representations, the Service does not provide for delivery for only a ‘Delivery Fee.’”

The plaintiff is also contesting an arbitration clause in Postmates’ terms of service. She says that she and other customers had no way of knowing that they agreed to an arbitration clause when they signed up for Postmates.

“Simply put, the Service does not deliver from local NYC vendors for the fee that was shown to Plaintiff and members of the Class, and is thus not able to deliver ‘Anything. Anytime. Anywhere.’ for a set ‘Delivery Fee’,” states the Postmates class action.

“Therefore, Defendant’s advertising and labeling statement that the Service is able to deliver ‘Anything. Anytime. Anywhere.’ for a set ‘Delivery Fee’ is deceptive and likely to mislead reasonable customers.”

The Postmates class action lawsuit seeks to represent those in New York who used the Postmates service between Jan. 15, 2012 and the present.

“At a minimum, Plaintiff contends that Defendant should cease labeling the Service as being able to delivery ‘Anything. Anytime. Anywhere.’ for a set ‘Delivery Fee’, in line with competitors’ disclosures,” states the Postmates class action.

The plaintiff is represented by Matthew N. Bobrow.

The Postmates Delivery Class Action Lawsuit is Feld v. Postmates Inc., Case No. 1:19-cv-03899-PAE, in the U.S. District Court for the Southern District of New York.

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18 thoughts onPostmates Class Action Says ‘Anything, Anytime, Anywhere’ is Misleading

  1. shakata jones says:

    Add me

  2. Julie Popplewell says:

    Please add me. I’ve been scammed with hidden fees as well.

  3. Debbie Ng says:

    I own a restaurant in San Jose. Yesterday, a young man came to our restaurant and ordered some food to take out. The food came out. He paid with a credit card then he sign on the credit card machine. When I asked for his ID, He said the card didn’t have his name on it because it belong to postmates. I have to refused it because he could not prove to us that he own the credit card. We never sign up with postmates or any delivery company, and we are not intended to. He made a scene and blamed me not treating him right because he is black and threatening to sue us for discrimination. He blamed that the whole town known him. I asked for his ID because he is black???!!!! I believed that was the 1st time I saw him@ my restaurant.
    Honestly, I know there are food delivery company; some called us before but, postmates has never caught my attention. I did some study on postmates on the internet. I found out postmates posts our name and our menu on their site without our knowledge. And the price of our signatures dishes are lower than the current price we have them on our menu. That is deceptive, misleading, and misrepresenting our brand on their website. Our customers might think if they ordered from postmates they would get the food cheaper then to eat at our restaurant. Customers tend to tip our servers, chefs, dishwashers kitchen helpers.when they came to us and our employees deserved the tip for their hard works. Postmates robbed it from our servers. I am worry because the young man threatened to sue me for real. We lost $24k a lawsuit last year on ADA. I am really worry. Postmates was the one who put that young man onto this situation. We ask for ID when customers pay with credit card is nothing to blame on discrimination at all.

  4. Jason B says:

    I order from postmates and never get a successful delivery it’s either cold, or items missing… every time !!

    1. Debbie Ng says:

      yup! that is what we worry about with food delivery company on how they handle our food.

  5. Paul Rush says:

    Add me

  6. Drayton K Rowe, III says:

    Yes add me

  7. Kennetta Robinson says:

    I work for postmates please add me to the lawsuit

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