Lawsuit accuses DoorDash of charging iPhone users more than others
arstechnica.com
arstechnica.com
> Making its "Delivery Fee" seem related to distance or demand, even though none of it goes to the delivery person.
I could see they justify this as value-based pricing. As in, it would have costed more for you to travel farther to get the food from that particular restaurant if you were to order pickup. The thing I find dishonest is labeling this the "delivery fee". I always thought that the money goes at this partially to the deliverer.
> Offering an "Express" option that implies faster delivery, but then changing the wording to "Priority" in billing so it is not held to delivery times.
> Charging an "Expanded Range Delivery" fee that seems based on distance but is really based on a restaurant's subscription level and demand.
So things that bring no value to the user. The question is, if people know this will they vote with their dollars and move their business elsewhere?
> Adding an undisclosed 99 cent "marketing fee," paid by the customer rather than the restaurant, to promote menu items that customers add to their carts.
This one wins the cake. So each user is forced to pay a dollar to promote the items they have ordered from that menu. Let's call this preach-flation?
I'm skeptical because you can get quotes for rental cars without entering any personal details. I guess they could geolocate based on your IP but it still sounds fishy.
Example I tried 5 minutes ago...
-> Pickup Car At Florence Aiport at 12:00 -> Next Monday the 29 May -> Return next Friday the 2 of June at 12:00
You will notice the webpage has in the beginning a prominent "I Live In". Here are some quotes for the same model AUDI Q5 AUTOMATIC and time period.
"I live in The Netherlands" -> €287.49 / day
"I live in Greece" -> €318.64 / day
"I live in Jamaica" -> "Sorry, there’s no vehicle available at:" -> When two seconds before there was...And suddenly there is when you say you live in Germany....I know....It's incredible :-))
If this isn’t going to the driver, it’s absolutely unacceptable. DoorDash does not have to do more work because you would have had to drive further, but the actual driver does have to drive further, and is working for a flat fee.
To hear people on HN say things like this explains exactly why these companies do this. This is absolutely not a reasonable way to think.
Delivery apps are an interesting industry because it seems that no one is making money. Delivery apps are not profitable, delivery people are complaining they are not making enough, restaurants are complaining that they dont make enough via the apps, and customers are complaining of higher costs. The industry doesn't seem sustainable yet it keeps going
That said, I'm personally skeptical that the premise is even defendable in the first place. Operating system is not a protected class and so I don't see any legal basis for why a company couldn't price discriminate based on it.
(I'm agreeing and extending, not disagreeing.)
Is this true? I can't think of any reason why a restaurant would put themselves on the app and spend all of that time managing it (Uber/Skip) if they feel they don't make enough?
From [0]:
"The apps have posted restaurants’ menus and allowed people to order food for delivery by the apps’ drivers — without the restaurants’ permission."
[0] https://www.cpr.org/2021/05/19/restaurants-are-fed-up-with-g...
Then they go to the restaurant and say "We're generating this much business for you... if you give us a cut, we'll generate more" and the spiral starts.
Staff thought it was a scam. They noticed the same type of debit card was used for both orders. Finally a driver informed us it was a door dash order. They scraped an old menu online with outdated prices, and loaded the debit card with the amount they calculated from the outdated menu.
Staff called back the phone number that placed the orders, explained the issue, and let Door Dash know there were 2 orders (sitting for over an hour, no longer saleable) that they owed [amount] for before we would take any additional orders from them, and that they needed to pay in advance over the phone before we would make any more food for them. Horrible experience, would never do business with them.
There are a lot of potential industries that have to start out like this.
Suppose you have a downtown where there are a dozen restaurants within a few blocks of each other, and then customers in a residential area on the other side of town. If you try to hire someone to go pick up the food for one person and deliver it to one customer on the other side of town, it's totally hopeless and you'll never make any money.
But if you could get the same driver to pick up meals for a dozen people at once and then deliver them to customers who all live near each other, now you have a chance of turning a profit. That's a chicken and egg problem, because the first customer isn't going to pay the full price of the trip, so you have no first customer and never get enough business going to reach the level of efficiency required.
Now suppose they operate by burning VC money for a while until they get enough usage to turn a profit.
And if battery prices continue to decline, electric "motorcycles" (i.e. 3-wheeled cars) with low maintenance costs will be available for similar prices.
First you'd need enough customer traffic to fill the vehicle. There is no point in buying a vehicle that can serve 12 customers if you never get more than 4 at once.
Space to park doesn't seem like a huge problem when they're making deliveries. The mail truck is bigger than these things. Buildings with tight parking commonly have a loading zone or a space with a 15 minute limit specifically for deliveries, and it's big enough for a light truck.
The people making deliveries are doing unskilled labor. It was never expected to pay well. The question is if it can work at all.
As far as paying well, I don't think that was ever really expected, but these companies just seem like losers for all but those who managed to cash out in the IPO.
Apple only takes a cut of virtual goods. This is why you cannot buy Kindle books on iOS without going to the website, but you can buy a television.
We have a ton of law on the books on the things that ARE illegal to discriminate on (protected classes), and none strike me as particularly close to this.
My "consumer protection" self loves to see companies get taken to task on this sort of thing, but I really don't see what law they think they have to stand on here.
> o Dashers did not receive the Delivery Fee for their deliveries and that DoorDash retained the Delivery Fee completely;
> o DoorDash knew or should have known that its advertising tactics regarding discounts on the Delivery Fee were misleading;
> o DoorDash knew or should have known the Delivery Fee had nothing to do with the delivery of orders for consumers, like Plaintiffs, but instead related to the alleged cost to operate DoorDash’s technology;
Personally, I'd be happy if labeling something with a common english meaning but the something doesn't reflect that common meaning counted as fraud when financial gain was involved.
But I get cheaper DoorDash orders, so that's good enough for me.
Edit: Seems like I misunderstood the parent usage of class to refer to the terms as a sociological term not as its US legal term. Sorry about that
edit: Ah, "customer segments" vs. "classes"; I didn't understand the misunderstanding.
See: https://en.wikipedia.org/wiki/Protected_group
A protected class is a group that is illegal to discriminate against in this manner, in the United States (and several other legal systems).
"Phone OS" is not a protected class. Many other things are, though, such as Race, Religion, Sex, etc... Varying a bit by jurisdiction and legal system.
Even worse imo, if it's held to be true, Doordash will be in real existence-threatening trouble with iPhone users and will have to increase its marketing spending towards them drastically.
It was reported today on local TV news here in NYC (NY1), which is what got me to search HN for this discussion.
And since local TV news isn't exactly geared toward the tech savvy, I'd expect this will be widely covered across US media.
That'd put you in the minority, but companies have been working hard for many years to get consumers used to the idea that they should be able to discriminate against specific groups of people and jack up their prices for individuals based on whatever they want. Retail, even grocery stores, have been experimenting with dynamic discriminatory pricing.
I'd love to see laws that require companies to post their prices clearly and publicly and prevents them from deviating from those prices no matter who places the order or brings an item to the register.
We may soon find ourselves in a future where you're required to identify yourself just to see a price because it'll be calculated as a percentage of your total income. Where your political views, your medical conditions, countless proxies for race/religion/sexual orientation, or even who your friends are, can cause you to pay more or even get you priced out of things you regularly buy today.
You might think that you can always "vote with your wallet" if you feel that you're being ripped off, but that doesn't help you when every restaurant and retailer is doing the exact same thing, and none of it is transparent to the user so you won't be allowed to know when you're getting screwed over or how badly no matter which arbitrary metric is being used as justification for squeezing every last possible penny out of you.
> ...no matter which arbitrary metric is being used as justification for squeezing every last possible penny out of you.
This is how free markets are supposed to work. The seller seeks to maximize the price and the buyer seeks to minimize it. Lazy buyers who don't bother checking the competition can expect to pay more.
The problem occurs when there is limited competition. In that situation I'm in favor of regulation (as well as to protect certain classes of people such as race, gender etc). But I don't think that's a problem in this case - or at least, that's not what you're arguing?
I don't know if this DoorDash suit named the specific area of law that they allege was violated, but I would need to understand the difference between what DoorDash is doing and my scenario of the car salesman, for example.
I don't see much functional difference between this and what Disney does with their ticketing systems, or what airlines do.
It's not something I'm glad companies are doing, but it's also not illegal as long as it's not a protected class.
Basically
A: I wish doordash wouldn't do this.
B: phone OS is not a protected class because it is deemed easily changeable.
If you can afford to buy the most expensive hardware as a status symbol, don't be too surprised when companies notice and scale prices accordingly.
Edit: This was a recent change, never used to have exceptions like this.
> DoorDash is not in the delivery business, does not provide delivery services, and is not a common carrier. DoorDash provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants.
Amazingly ridiculous.
I don't see how you can sue someone over "discrimination based on phone manufacturer".
> DoorDash accused of charging iPhone users more than Android users for deliveries (sfgate.com)
> 15 points by mikhael 2 days ago
never
I found this novel thing called cooking. Really cuts down on hyper-processed food, salt and fat intake too.
I find the whole discussion alienating.