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Grubhub sued for listing restaurants without permission

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Re: Grubhub sued for listing restaurants without permission

#81
post #5

What's the "best" ordering app to use these days if I want to prioritize how well they treat restaurants? I've tried looking this up recently to no avail. I know at the end of the day, "call and pick-up directly" is going to be it but occasionally I just don't want to go pick it up.

ChowBus? I also got an advertisement for Shef.

There's also GrubBus, DoorHub, ChowDash, PostHub, etc. Really, the possibilities are infinite.

Re: Grubhub sued for listing restaurants without permission

#82
post #19

I hope there's a strong precedent set here. Companies like Grubhub list restaurants on their site/app, but put the wrong phone number on it- one that goes to their own people instead. That's clearly some kind of fraud or misrepresentation. Makes me feel like I should setup a phone number and a website called something like "GrubhubHelp.com", and list a help number for assistance with GrubHub orders. Then when custome…

[ Disclaimer: GH employee but speaking independently & not representing the company in this message ]

You're mixing up controversies - there was a separate "feature" Grubhub did years ago where grubhub would stand up online presence for restaurants to bring in web search traffic (branded websites, search results on grubhub.com, etc) and list a grubhub phone number instead of the real phone number so that grubhub could collect comission on the orderflow that they're raking in for the restaurants. These were partnered restaurants, so they were signing up for this and could opt out of any of these services, in theory anyways I wasn't part of this so I have no idea if it's really that easy to opt out

Separately, a practice pioneered by ubereats and doordash, "Place and Pay" is a new thing in the past 2-3 years where Grubhub will just list a bunch of restaurants without them asking for it ("non-partnered"), and when you place an order online the driver will go in and order takeout, then carry it to you. The restaurant can opt out of this, but they never asked for the service in the first place so it's kinda shitty. That's what this article is about.

Grubhub was against place and pay at first, when UberEats and Doordash began doing it (not because Grubhub is selfless but because partnered restaurants are way more profitable), but resisting place and pay turned out to be a recipe for losing market share so that's no longer the case.

Re: Grubhub sued for listing restaurants without permission

#83

Earlier quoted context omitted.

> I don't see anything intrinsically wrong with what GrubHub is doing, but I could see them needing to clearly note the relationship. There are lots of personal shopping/delivery services which phone in orders and go pick something up without having a pre-existing relationship with the restaurant. The problem is that Grubhub is not asking permission to list the business on their site and it borders on abusive behavio…

> The problem is that Grubhub is not asking permission But nothing says they have to as far as I know? Do you have to ask permission from an author before you resell a book you own? > because they simply don't to share a hefty cut with Grubhub They don't have to share a cut in this case. The restaurant still gets the full retail price that they set. Grubhub marks up on top of that or takes it as a loss as I understan…

In your book example, I am buying a book from you. A better example would be you buy search ads for the author's name, create a website with a button "Contact the author" which goes to you, and then you sell me the book.

Re: Grubhub sued for listing restaurants without permission

#84
another example of "silicon valley disruption" operate in the gray area. not sure why Grubhub think they can just add whoever they wanted into their listing without asking. we've seem this kind of "silicon valley disruption" with AirBnB, Uber...etc. its no wonder these companies needs massive amount of money to deal with lawsuit like this or govrt.

Re: Grubhub sued for listing restaurants without permission

#85

Earlier quoted context omitted.

> That's clearly some kind of fraud or misrepresentation. I don't really understand this point of view. They're saying you'll get food from restaurant X. That's exactly what you do get, at the price you agreed. I can't conceive how that's fraud or misrepresentation?

Because when people don't get exactly what they want, they blame the restaurant instead of the Grubhub employees who messed up. The restaurant loses business, grubhub makes a quick buck. It's at the very least a trademark violation, this is exactly what trademarks were set up to prevent.

You’re allowed to use a trademark to factually describe a product. If I have legitimately bought an iPhone and I’m offering to resell it to you I can use the iPhone trademark to do that.

Re: Grubhub sued for listing restaurants without permission

#86

Tbh I don't see a major problem with this. If folks want to pay someone (Grubhub) to go pick up food for them, why should the restaurants be allowed to say no? > Food may not travel well. Fair point, but if the customer still wants it, that's on them. > But that may lead to unfairly low ratings for the restaurant. If (say) 30% of the restaurant's patrons choose to get the food via food delivery, why shouldn't those f…

I'd be ok with it as long as the delivery platform makes it clear that you can order food but the restaurant isn't a participant in the platform, so the experience may not be optimized.

I was recently lamenting that I haven't had some favorite items from Trader Joe's in a while, because I've been using grocery delivery during the pandemic and TJ's refuses to partner with Instacart or provide their own delivery. I then came across Dumpling, a sort-of Instacart competitor where you connect with an individual who does the shopping/delivery for you, but they aren't limited to "officially supported" stores. I have no problem with this, and neither should Trader Joe's. It's simply an individual buying food from them and dropping it off somewhere.

Overriding the restaurant's contact info is sketchy. The food may not travel well, but some restaurants refuse to do takeout (either entirely or for certain dishes). But the basic act of paying a service to pick up something on your behalf isn't problematic to me. The restaurant shouldn't care if I pick up my order, or my wife picks up my order, or GrubHub picks up my order.

Re: Grubhub sued for listing restaurants without permission

#87

Earlier quoted context omitted.

> The problem is that Grubhub is not asking permission But nothing says they have to as far as I know? Do you have to ask permission from an author before you resell a book you own? > because they simply don't to share a hefty cut with Grubhub They don't have to share a cut in this case. The restaurant still gets the full retail price that they set. Grubhub marks up on top of that or takes it as a loss as I understan…

Yes they have to ask for permission to present themselves as an agent of the company, which they do when they present their own phone number as the restaurant phone number. So I imagine the lawsuit will have many legs to stand on. This is business, which has many rules. Its not just 'do whatever you like as long as it makes money'.

> Yes they have to ask for permission to present themselves as an agent of the company

That's not necessarily true (yet), that's literally what this legal case is about.

Re: Grubhub sued for listing restaurants without permission

#88

Earlier quoted context omitted.

> Why aren't GrubHub concerned about the legal reprecussions of this? Because the company is firmly in Team Blue, and they control the House right now. This is the same organization where the CEO told his employees that if they voted for Trump, they should resign.

I really think this abusive behavior practiced by big companies extends beyond party lines and would have a hard time believing otherwise. If it only were that easy and these type of abuses would simply be caught when the other party takes control of the house..

> I really think this abusive behavior practiced by big companies extends beyond party lines and would have a hard time believing otherwise.

How many on-demand services aren't in the Bay Area, Chicago, or NYC?

Re: Grubhub sued for listing restaurants without permission

#89
post #19

I hope there's a strong precedent set here. Companies like Grubhub list restaurants on their site/app, but put the wrong phone number on it- one that goes to their own people instead. That's clearly some kind of fraud or misrepresentation. Makes me feel like I should setup a phone number and a website called something like "GrubhubHelp.com", and list a help number for assistance with GrubHub orders. Then when custome…

> That's clearly some kind of fraud or misrepresentation. I don't really understand this point of view. They're saying you'll get food from restaurant X. That's exactly what you do get, at the price you agreed. I can't conceive how that's fraud or misrepresentation?

> They're saying you'll get food from restaurant X.

That's not what they're saying. They're saying that you're contacting the restaurant, which you're not.

Re: Grubhub sued for listing restaurants without permission

#90
post #73

Earlier quoted context omitted.

This is a strawman unless I missed where it's being specifically claimed. Obviously posing as the restaurant and serving your own product is fraud.

Does the fraud begin when you serve different food, or does it begin when you represent yourself as the restaurant without their consent? Everyone would agree passing off different food is fraud. Using a different number and marketing yourself as jdmichael's friendly delivery service is not fraud, since the customer knows they are not working directly with the restaurant. Using a different number and marketing yourse…

I think everyone is in agreement regarding the information misdirection stuff being unethical at best and certainly potentially fraudulent. But simply listing restaurants and offering to deliver food from them is not that.
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