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Grubhub sued for listing restaurants without permission

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Re: Grubhub sued for listing restaurants without permission

#141

Earlier quoted context omitted.

To a first approximation, I can't really see why Place and Pay should be illegal. It's basically paying the neighbor kid to go pick up some dinner for you, writ large. It "competes" with any delivery service a restaurant runs, but if the restaurant offers takeout at all, it's hard for me to see why the market should care who is doing the taking out.

To me it gets 'shitty' when they do this without disclosure. I have no problem with placing an order with GH and having them place the order for me, but when they masquerade as the restaurant and try to hide that from the customer is where the problem comes in.

And what happens when orders go wrong?

Last month the grilled chicken place gave me chicken which wasn't grilled. I called them (they have a national call centre), and the store manager called me shortly after, to apologise. Following day they sent me chicken.

Last week I was at a pizza place at night. An angry customer called, they got the other wrong. I listened to the store manager for about 4-6 minutes trying to explain that this was the 3rd-party service that got it wrong.

That service doesn't have an agreement with the store/chain, as they have their own delivery service.

Is the extra admin worth it? I don't think so. It's unethical behaviour from the tech companies.

Re: Grubhub sued for listing restaurants without permission

#142
post #95

Earlier quoted context omitted.

WHat if the delivery person that grubhub uses is useless and the regular delivery person that Restaurant X uses isn't. YOu can end up getting poorly delivered cold food from GrubHub and make restaurant X look bad. Restaurant X might end up having a load of disappointed customers, reduced custom and have no idea why. They dont know there is actually now a middle man they didn't agree to between them and their customer…

You’re attacking the first sale doctrine here though if you think about it!

[deleted]

Re: Grubhub sued for listing restaurants without permission

#143

The “place and pay” orders the lawsuit describes are new to me. I’d always kinda held the position that saying “We’ll deliver you food from Lou’s Diner” doesn’t necessarily imply you’re affiliated. But if Grubhub is telling drivers to disguise themselves because restaurants wouldn’t accept the order if they knew it was from Grubhub, that seems pretty clearly unethical.

[deleted]

Re: Grubhub sued for listing restaurants without permission

#144
post #42

Earlier quoted context omitted.

How are you certain that the food you are getting is from the establishment you ordered it from? Why can't I run a shadow kitchen pose as your restaurant and steal your business?

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.

> 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.

Not exactly the same thing, but nearly as problematic:

https://www.nbcnewyork.com/news/local/seamless-restaurant-gr...

https://www.restaurantdive.com/news/why-ghost-restaurants-ar...

https://www.bloomberg.com/news/articles/2018-10-24/uber-s-se...

https://mix1065baltimore.radio.com/blogs/kramer-jess/warning...

Re: Grubhub sued for listing restaurants without permission

#145

Earlier quoted context omitted.

A middle man is responsible to the consumer. A subcontractor is not. Grubhub does not tell the consumer whether they are acting as a subcontractor or middle man for a particular restaurant. This is deceptive and harms the restaurants who do not subcontract Grubhub.

I can buy this, if the customer is ordering directly from the restaurant and Grubhub delivers that order. Because that's what a subcontractor relationship looks like; you the customer only deal with the primary contractor. But if I order from Grubhub , I am explicitly asking them to be a middle man, no?

No. Just as Amazon and eBay maintain that your transaction is with the third-party seller, not them, Grubhub claim that your transaction is with the restaurant, and the restaurant is responsible for problems. Except when the restaurant didn't subcontract them, but they don't mention this. They can't have it both ways.

Re: Grubhub sued for listing restaurants without permission

#146

Earlier quoted context omitted.

To me it gets 'shitty' when they do this without disclosure. I have no problem with placing an order with GH and having them place the order for me, but when they masquerade as the restaurant and try to hide that from the customer is where the problem comes in.

And what happens when orders go wrong? Last month the grilled chicken place gave me chicken which wasn't grilled. I called them (they have a national call centre), and the store manager called me shortly after, to apologise. Following day they sent me chicken. Last week I was at a pizza place at night. An angry customer called, they got the other wrong. I listened to the store manager for about 4-6 minutes trying to…

[deleted]

Re: Grubhub sued for listing restaurants without permission

#147

Earlier quoted context omitted.

To me it gets 'shitty' when they do this without disclosure. I have no problem with placing an order with GH and having them place the order for me, but when they masquerade as the restaurant and try to hide that from the customer is where the problem comes in.

And what happens when orders go wrong? Last month the grilled chicken place gave me chicken which wasn't grilled. I called them (they have a national call centre), and the store manager called me shortly after, to apologise. Following day they sent me chicken. Last week I was at a pizza place at night. An angry customer called, they got the other wrong. I listened to the store manager for about 4-6 minutes trying to…

Even worse, then the customer -- thinking the restaurant messed up -- writes a poor Yelp review for the restaurant, not understanding the game of telephone went wrong.

Re: Grubhub sued for listing restaurants without permission

#148

Earlier quoted context omitted.

>Why aren't GrubHub concerned about the legal reprecussions of this? When is the last time a company was SERIOUSLY threatened by the repercussions of doing something illegal in the US? When was the last time a company was fined/sued out of existence for something they were doing to average people?

I know there's been a lot of criticism of the details of the settlement, but Purdue Pharma was sued out of existence by the DOJ last week.

[deleted]

Re: Grubhub sued for listing restaurants without permission

#149
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…

FYI - the same thing happens with Hotels.com. When you "call the hotel" with the number listed, I learned that the representative is actually a Hotels.com rep, not a hotel employee or hotel call-center employee. This matters. In my case, I asked about my corporate discount and they gave me a vague answer about "I dont see anything in the system", which I guess was technically not a lie, but definitely deceitful. I wi…

I was doing a stint of formulating our national enterprise architecture, something I was invited to because of my local work on the subject.

During this period I staid at hotels quite often, and learned that the best way to get a good and cheap booking is to E-mail the hotel directly. The cheap part came from being an enterprise organisation, but as far as secure and easy booking goes I always email hotels directly for private stays as well. Maybe it’ll cost me a few extra dollars, but I avoid the hassle of having to deal with hotels.com who among other things charge you up front and make it almost impossible to cancel.

Re: Grubhub sued for listing restaurants without permission

#150

Earlier quoted context omitted.

I know there's been a lot of criticism of the details of the settlement, but Purdue Pharma was sued out of existence by the DOJ last week.

I don't know if I would count that as any sort of a win, given how the primary owners acquired $11 billion, then were fined only $225 million. I guess crime pays out at 98%. https://arstechnica.com/science/2020/10/sacklers-who-made-11...

Purdue actually paid 8 billion out of 11 billion profit. That seems reasonable as tons of people using their drugs did have a legitimate need.

The 235 Million in personal civil liabilities PLUS their losses from owning so much of the company.

https://www.justice.gov/opa/pr/justice-department-announces-...

> 8 billion payout on 11 billion profit. That seems reasonable. Not all of the people using their drugs were being prescribed without good reason. > Purdue Pharma has agreed to plead guilty in federal court in New Jersey to a three-count felony information charging it with one count of dual-object conspiracy to defraud the United States and to violate the Food, Drug, and Cosmetic Act, and two counts of conspiracy to violate the Federal Anti-Kickback Statute. The criminal resolution includes the largest penalties ever levied against a pharmaceutical manufacturer, including a criminal fine of $3.544 billion and an additional $2 billion in criminal forfeiture. For the $2 billion forfeiture, the company will pay $225 million on the effective date of the bankruptcy, and, as further explained below, the department is willing to credit the value conferred by the company to State and local governments under the department’s anti-piling on and coordination policy. Purdue has also agreed to a civil settlement in the amount of $2.8 billion to resolve its civil liability under the False Claims Act. Separately, the Sackler family has agreed to pay $225 million in damages to resolve its civil False Claims Act liability.

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