Grubhub Hid Fees from California Customers for Years
The food delivery giant inflated menu prices, buried fees, and advertised “free delivery” while quietly charging extra. California consumers paid the price.
Grubhub collected delivery fees, service fees, and a special “CA Driver Benefits Fee” from California customers while making false and misleading representations about what those fees actually covered and how much food really cost. The company also advertised “free delivery” for Grubhub+ subscribers while simultaneously charging other fees that made delivery anything but free. A class action covering California customers from January 2019 through 2024 forced a settlement worth up to $5 million, with affected customers eligible for a $10 site credit. Grubhub walked away without admitting a single thing.
Demand honest pricing from every platform you use. Your money and your trust are not Grubhub’s to manipulate.
The Allegations: A Breakdown
| 01 | Grubhub made false or misleading representations about its delivery fees, service fees, and “CA Driver Benefits Fee” on California delivery orders from at least January 2019 through 2024. | high |
| 02 | Menu prices displayed on the Grubhub platform during the class period were alleged to be inflated beyond what restaurants actually charged, deceiving customers about the true cost of their food. | high |
| 03 | Grubhub advertised “free delivery” for Grubhub+ members while other fees continued to apply on those same orders, making the “free delivery” claim actively misleading. | high |
| 04 | The “CA Driver Benefits Fee” was presented as a specific, defined charge related to driver welfare; plaintiffs alleged the representations surrounding it were false or misleading. | medium |
| 05 | Customers ordering through both Grubhub.com and Seamless.com (powered by Grubhub) were exposed to the same allegedly deceptive fee structures and price representations. | medium |
| 06 | The alleged misconduct persisted for more than five years, from January 24, 2019 through the date of preliminary approval in 2024, exposing a large and sustained pattern rather than a one-time error. | high |
| 01 | Grubhub repeatedly used its arbitration clause to remove cases from court, forcing individual consumers into a private dispute resolution process that strongly favors corporations. | high |
| 02 | Plaintiff Sznitko won an arbitration demand in December 2021, but that arbitration award was initially denied before a Superior Court vacated it in August 2022. The path to any accountability took years. | high |
| 03 | Grubhub removed multiple cases to federal court before plaintiffs could consolidate their claims, a legal maneuver that lengthens timelines and increases costs for consumers. | medium |
| 04 | Despite settling for up to $5 million, Grubhub faces no admission of liability, no finding of wrongdoing, and no financial penalty beyond the settlement fund itself. No executive faced any personal consequence. | high |
| 01 | By inflating menu prices and stacking fees, Grubhub extracted more revenue per transaction from customers who had no easy way to verify what restaurants actually charged. | high |
| 02 | The “free delivery” advertisement for Grubhub+ subscriptions was used as a retention and growth tool, bringing in subscription revenue while still applying charges that undermined the core promise. | high |
| 03 | Settlement costs are capped at $5 million plus $200,000 in administration, meaning the financial consequence of more than five years of alleged deception remains limited relative to Grubhub’s scale of operations. | medium |
| 01 | California consumers who ordered through Grubhub or Seamless between January 2019 and 2024 paid fees and prices they were allegedly deceived about, with no simple mechanism to get a refund. | high |
| 02 | The settlement award of $10 per eligible customer is a site credit, meaning relief must be spent back on Grubhub rather than returned as cash, limiting how meaningful the compensation actually is. | medium |
| 03 | Customers who opt out of the settlement receive nothing and must pursue individual claims, which is economically irrational for most people given the small per-transaction amount at issue. | medium |
| 04 | If Valid Claims exceed the $5 million cap, individual awards are reduced proportionally, meaning that a high participation rate shrinks each person’s already minimal compensation further. | medium |
| 01 | The settlement explicitly states that it is not an admission of liability, wrongdoing, or negligence. Grubhub officially maintains that its pricing representations were entirely truthful and legal. | high |
| 02 | The agreement prohibits both parties and their counsel from making any public statements or media comments suggesting Grubhub did anything wrong, shielding the company from further reputational harm. | high |
| 03 | Grubhub retains the right to cancel the entire settlement if more than 10,000 class members opt out, giving the company substantial leverage over whether consumers receive any relief at all. | medium |
| 04 | New fee-transparency obligations secured through the settlement sunset automatically after seven years, meaning that even these modest changes are temporary rather than permanent structural reforms. | medium |
| 05 | Each class representative receives only a $1,000 incentive award for taking on years of litigation risk, while class counsel may receive up to 20% of the $5 million maximum fund in attorneys’ fees. | low |
As part of the settlement, Grubhub agreed to display fees and taxes as separate, prominent line items on orders and to stop advertising “free delivery” for Grubhub+ members on orders where other fees apply. Where space permits, the platform must note that other fees may apply. These requirements expire automatically seven years after the settlement’s effective date. Grubhub may still advertise “$0 delivery” phrasing for Grubhub+ under certain conditions.
Timeline of Events
Direct Quotes from the Legal Record
“Plaintiffs further allege that Defendant’s representations regarding its delivery fees, service fees, ‘CA Driver Benefits Fee’ and menu prices on its delivery orders during the Class Period were false or misleading.”
“Grubhub will not advertise ‘free delivery’ for Grubhub+ members… on Grubhub+ orders where other fees apply and in these instances will, space permitting, note that other fees may apply.”
“Defendant expressly denies any liability or wrongdoing of any kind associated with the claims alleged in the Action or Prior Litigation.”
“This Agreement is not to be construed or deemed as an admission of liability, culpability, negligence, or wrongdoing on the part of Defendant.”
“The Parties and their counsel shall not make, publish, circulate or cause to be made, published or circulated any statements that represent or suggest any wrongdoing by Defendant.”
“In its sole discretion and at its sole option, Defendant has the unconditional right, but not the obligation, to terminate this Agreement if the total number of opt-outs exceeds 10,000 persons.”
“‘Settlement Award’ means a $10 site credit for use on the Grubhub App or website pursuant to Section IV.E.”
“These provisions will sunset seven years after the Effective Date.”
Commentary
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