DoorDash, Apple Pay class action claims users were charged without consent

DoorDash class action lawsuit overview:

• Who: Plaintiff Kristine Divney filed a class action lawsuit against DoorDash Inc., doing business as Caviar, and Apple Payments Services LLC.
• Why: Divney claims DoorDash and Apple Pay charged users for DashPass subscriptions without their consent.
• Where: The class action lawsuit was filed in New York state court.

AA new class action lawsuit alleges that DoorDash and Apple Pay charged users for DashPass subscriptions without their consent and made the subscription difficult to cancel.

Plaintiff Kristine Divney filed the class action complaint against DoorDash and Apple Payments Services on June 6 in New York state court, alleging violations of New York’s Consumer Protection Act and General Business Law.

According to the lawsuit, Divney created a Caviar account to use the Caviar app for food delivery but never subscribed to the DashPass monthly subscription offered by Caviar.

She says she selected Apple Pay as her payment method because it requires Face ID verification for each payment, which Apple Pay advertises as a secure feature.

Despite not subscribing to DashPass or authorizing a payment, Divney says her credit card was charged $9.99 for a DashPass subscription from DoorDash on May 29, 2025.

When she contacted DoorDash customer support, Divney claims she was told there was no record of her purchasing a DashPass subscription or having an active subscription in her account.

DoorDash subscription charges violate state law, class action alleges

Divney claims DoorDash has charged users without their consent for subscriptions that are difficult to cancel, while Apple Pay has allowed charges without Face ID verification despite advertising otherwise.

The lawsuit alleges that these actions constitute deceptive practices under New York’s Consumer Protection Act and General Business Law.

The lawsuit seeks to represent a class of consumers who received unauthorized charges for a DashPass subscription via Apple Pay during the applicable statutes of limitations through the date a class is certified.

Divney is suing for violations of New York’s Consumer Protection Act and General Business Law, violations of the New York City Administrative Code, negligence, fraud and unjust enrichment. She is seeking certification of the class action, damages, fees, costs and a jury trial.

In related news, the FTC has filed a lawsuit alleging Amazon.com used “dark patterns” to deceive consumers into auto-renewing their Amazon Prime subscriptions that were also difficult to cancel.

What do you think of the allegations in this DoorDash and Apple Pay class action? Let us know in the comments.

The plaintiff is represented by Michael J.S. Pontone of The Law Offices of Michael J.S. Pontone Esq. P.C.

The DoorDash class action lawsuit is Divney v. DoorDash Inc. d/b/a Caviar, et al., Case No. 653442/2025, in the Supreme Court of the State of New York, County of New York.

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