Your options to sue Postmates are limited, but consumer arbitration may work for you.
Postmates functions as a very popular delivery service that allegedly allows you to purchase things and have them delivered to your home but isn’t confined to one specialty like food or drink. However, they are still one of the biggest targets for consumer complaints. In this article, we pull together information on the latest lawsuits and legal actions taken against them.
Are lawsuits allowed against Postmates?
Like most legal questions you have, the answer is a complicated “yes” and “no”.
Like most companies, they take their best interests seriously so they have language in your user agreement which prevents you from suing them with the traditional legal measures. However, you always have the opportunity for filing in small claims court or using consumer arbitration .
Can I Join a Class Action Lawsuit?
The purpose of a class action lawsuit is to bring together a group of individuals who have the same complaint against a company. But if you are a customer you typically don’t have the option to join an existing class action lawsuit or file one against the company. The reason for this is that your contract has specific language that prevents you from getting involved.
But, there are other options for fixing your problems with Postmates. Complaints are common and there are many consumers who have the same questions about what their legal options are with this company. But rather than trying to go after them with a class action lawsuit, which is usually not possible, we will file a personalized legal document on your behalf with the company and guide you through an alternative legal process.
As a Postmates customer, what options do I have for a lawsuit?
There are a handful of ways to make a claim against Postmates, like filing a claim with your credit card provider if you are fighting a wrongful charge, or filing a complaint with the BBB.
But legally, you have two options:
Class Action: Failure to Deliver Drivers Tips
In July, 2019, Postmates settled a class action lawsuit and agreed to pay $85,000 to drivers and writers who made the claim that the on-demand delivery app did not pay its drivers the tips that customers sent them.
From Top Class Actions:
In their Postmates class action lawsuit, the delivery workers claimed that Postmates violated the Massachusetts Tip Act because the company did not tell customers that a delivery fee also include tips for drivers. Additionally, the delivery employees argued that the company improperly retained a portion of the delivery fee.
The plaintiffs said that both employees and independent contractors working with Postmates were “deprived of compensation to which they are entitled.”
Deceptive Marketing and Sales
Another class action lawsuit from New York stipulates that the marketing campaign of anything, anytime, and anywhere is deceptive and misleading.
From Top Class Actions:
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.
Employment Status Dispute
A contractor class action lawsuit was filed by a woman who accused the company of inappropriately categorizing her not as an employee but as an independent contractor, an issue that crops up with many service-based companies like this. This level of contractor misclassification has also been filed by multiple drivers in California in light of new employee vs. independent contractor laws.
From Top Class Actions:
The Postmates contractor class action lawsuit alleges that without the full integration of their couriers in the usual course of business as a delivery service, Postmates would fail to exist and function.
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