Google Class Action Claims Tech Giant Tricks Consumers Into Ordering Food From Third-Party Delivery Companies

Google Third-Party Delivery Class Action Lawsuit Overview: 

• Who: Left Field Holdings filed a class action lawsuit against Google LLC. 
• Why: Left Field Holdings claims Google tricks consumers into purchasing food from third-party delivery companies rather than an actual restaurant directly.
• Where: The class action lawsuit was filed in California federal court.

Google tricks consumers browsing for restaurants online into ordering food directly from third-party delivery companies, a new class action lawsuit alleges. 

Plaintiff Left Field Holdings, which owns a Florida chain of Lime Fresh restaurants, claims Google redirects consumers to third-party delivery companies, such as Postmates, which charge high fees and give the tech giant a cut of the revenue. 

Left Field Holdings claims Google intentionally designs its search results to appear as though they are sponsored delivery sites for the restaurants, while, in reality, they are for third-party delivery sites that Google did not get permission to pass the orders to. 

“Google lures consumers into its websites (to the exclusion of the restaurant’s actual website) through a classically deceptive practice, known as a ‘bait and switch,’” Left Field Holdings said.

The “Order Online” button Google places below a restaurant’s trade name, meanwhile, tricks consumers into believing they are being directed to the website of the actual restaurant, the class action lawsuit alleges.

“Rather, it leads the consumer to Google’s new, unauthorized and deceptively branded webpages,” according to the lawsuit. 

Google Given Cut of Profits by Third-Party Delivery Companies

Left Field Holdings claims that Google, unbeknownst to the customer or restaurant, routes purchases made on its storefronts to third-party delivery companies who charge the restaurants a fee and give it a cut. 

In the event that a third-party delivery company is not signed up with Google for a particular restaurant, meanwhile, customers are sent to a landing page where they can pick a delivery company to order the food from, according to the class action lawsuit. 

Left Field Holdings argues restaurants have not consented to this,and that it harms them financially since they would save money on fees if a customer were to order from them directly. 

“Google’s motive is simple: increase orders and clicks by deliberately confusing consumers into entering and interacting with its websites by prominently featuring plaintiffs’ and class members’ tradenames next to its button and within its webpages,” Left Field Holdings said. 

Left Field Holdings claims Google is in violation of Section 43(a) of the Lanham Act. It is demanding a jury trial and requesting injunctive and equitable relief for itself and all class members. It wants to represent a nationwide class of persons or entities who own or operate a restaurant or food business that Google has placed an “Order Online,” “Order Pickup” or “Order Delivery” button under on its search results page or Google Maps page. 

In 2019, Postmates agreed to pay $85,000 to settle a class action lawsuit that claimed the company improperly withheld a portion of its drivers tips. 

Have you purchased food from a third-party delivery company? Let us know in the comments! 

The plaintiffs are represented by Joseph M. Vanek, Bruce Sperling, Eamon Kelly and Timothy Sperling of Sperling & Slater; Bonny E. Sweeney, Michael P. Lehmann, Bruce J. Wecker and Irving Scher of Hausfeld LLP; and Jason A. Zweig, Seth Meyer, and Alex Dravillas of Keller Lenkner LLC.

The Google Third-Party Delivery Class Action Lawsuit is Left Field Holdings, et al. v. Google LLC, Case No. 3:22-cv-01462, in the U.S. District Court for the Northern District of California.

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