Postmates, Inc. is the defendant in a proposed class action out of New York that claims the delivery service misrepresents its pricing, as well as when and from where it can deliver customer orders.
The lawsuit takes issue with Postmates’ allegedly false promise to deliver “Anything. Anytime. Anywhere.”—a message that’s prominently advertised on the company’s website and mobile app, according to the complaint. Contrary to this statement, the company actually “only provides delivery from a specific set of vendors at specified times and locations,” the suit says.
Further, the case claims the company deceptively charges more than its advertised flat delivery fee by applying an additional hidden service fee that is supposedly listed in an inconspicuous “taxes and fees” section during checkout.
The suit notes that the Manhattan customer who filed the complaint apparently did not knowingly agree to the arbitration clause in the defendant’s terms and conditions. Before signing up for Postmates, the case explains, users are allegedly presented with “one cluttered screen” that contains a hidden hyperlink to the company’s terms of service. The plaintiff argues that the class action waiver was not valid since she was not able to properly consent to it.