Learn what DoorDash lawsuits are out there, and how to take action…
DoorDash is a food delivery company that delivers food to you from local restaurants in as little as one click. You can pick from a large network of restaurants and then have a driver get you what you need. And while the company has been particularly successful in over 300 cities, they are just as popular when it comes to consumer complaints. In this article we pull together the legal actions and lawsuits that have been taken against doordash over the last few years.
Are lawsuits allowed against doordash?
This is a bit complicated. The answer is yes and no. As is the case with many other service providers, doordash does their best to make sure the company protects its best interest and that is why in your user agreement they tend to include language that says you can’t sue them in most forms. However, as a customer you will always have the option to take doordash to a small claims court order to file consumer arbitration. We might be biased but consumer arbitration is usually the better option and it isn’t nearly as restrictive. It’s also the option that we can help you with so you don’t have to do this alone.
What is a class action lawsuit? Can I file a class action lawsuit against doordash?
Class action lawsuits are designed to represent a whole class, or a group, of people who have the same complaint. Unfortunately if you are a customer of doordash you cannot file a class action lawsuit or join an existing lawsuit because it tends to be prohibited by the language in your user agreement. Still, it’s not all bad. That language says that you can’t join a class-action lawsuit but you can explore alternative measures.
Here at FairShake, we are capitalizing upon that leeway and Reinventing the doordash lawsuit process. A lot of customers worried about how they’re going to get their problem solved when the company isn’t helpful. Rather than attempting a class action lawsuit, we will file a personalized legal document with doordash and then guide you through the entire legal process.
As a doordash customer, what are my options for a lawsuit?
You have a lot of ways to make a claim against the company like submitting a claim with your bank or the Better Business Bureau, but legally your options for a lawsuit come down to one of two things:
Worker Misclassification Lawsuits
Three plaintiffs in Massachusetts, California, and Illinois have filed a worker misclassification lawsuit against the company for illegally labeling their workers as independent contractors.
The present complaint claims that Dashers, who are key to DoorDash’s main business (food delivery), are subject to the same controls and restrictions as employees. Nonetheless are expected to pay their own expenses (fuel, vehicle maintenance, etc.), receive no benefits (such as medical and workers comp), while generally making less than minimum wage after expenses.
In addition to these allegations, plaintiffs in this class action accuse DoorDash of failing to provide accurate, itemized wage statements nor legally-mandated, duty-free rest and meal breaks.
DoorDash Takes Tips from Delivery Workers
The biggest news has been the lawsuit against the company for taking tips that customers gave to delivery workers and keeping them.
In California the company was accused of violating the California labor laws by absorbing these tips and as a result employment lawsuits have been filed.
From Top Class Actions:
The lawsuit is seeking back pay from DoorDash because of all the tips the company has used to subsidize its payments to drivers since 2017. When asked by TechCrunch whether Dashers were owed back pay after the policy change, the DoorDash spokesperson insisted that “[t]here’s no ‘back pay’ at issue here” because the tip money has always ended up in Dashers’ pockets.
Data Breaches Expose Customer Information
Customers and drivers have also faced serious legal breaches in the form of data breaches that exposed the information of five million customers.
From Top Class Actions:
The DoorDash class action lawsuit says that DoorDash’s slow response allowed customers’ information to be widely available for illegal purchase and sale online, probably on the “Dark Web.”
Allegedly, as many as 100,000 drivers were also affected in addition to almost 5 million customers. According to the DoorDash data breach class action lawsuit, the drivers had sensitive information exposed, including drivers’ license information.
Class Action Lawsuit: Charging Sales Tax in Exempt States
DoorDash has also been charged with a class action lawsuit for unlawfully charging sales tax in states where there is no sales tax, and keeping the money as a profit.
From Top Class Actions:
According to the DoorDash class action, DoorDash makes a practice of improperly charging sales tax in states that are tax-free states, including Delaware, Montana, Oregon, and Alaska, or that do not charge sales tax on food not consumed on the premises from which it was purchased, including New Hampshire.