WA Attorney General issues guidance for third-party delivery services
Dec 7, 2020, 8:09 AM | Updated: 12:05 pm
A Postmates sticker is displayed on the window of a restaurant. (Photo by Justin Sullivan/Getty Images)
(Photo by Justin Sullivan/Getty Images)
Washington state Attorney General Bob Ferguson issued guidance Monday for third-party restaurant delivery services.
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The goal of the guidance is to help delivery services avoid violations of Washington’s Consumer Protection Act. The Attorney General’s Office reports that it has received 45 companies about third-party restaurant delivery services this year, covering a variety of issues. The complaints, according to the AG’s Office, “highlight serious concerns for restaurants and consumers.”
For example, when a third-party service implies it is authorized to deliver for a restaurant, it could damage the restaurant’s reputation if the service then performs poorly or charges unfair fees. Among other complaints, consumers have said their bills were higher than expected due to additional fees, and that menus posted on the third-party delivery services did not match the restaurant menus.
“As the pandemic continues, many Washingtonians are increasingly using third-party delivery services to access their favorite restaurants,” Ferguson said. “These companies need to be clear and honest with consumers about their fees, and their relationships with restaurants.”
Conduct that likely violates the Washington Consumer Protection Act includes:
- Charging consumers any fee without clearly and conspicuously disclosing the fee before the consumer places an order
- Listing a restaurant or business without their permission
- Establishing or listing false phone numbers, website, or other contact information for a restaurant or business
- Misrepresenting to consumers the source of the food or product delivered
- Misrepresenting safety precautions
In November, Governor Jay Inslee announced a cap on fees charged to restaurants by third-party delivery platforms, such as Uber Eats, Door Dash, GrubHub, and Postmates. The proclamation caps delivery fees at 15% and total fees at 18% of the purchase price of an order.
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In a statement, Gov. Inslee recognized the challenges posed by COVID to the restaurant community, adding that they’re “grateful” to third-party delivery platforms that have helped make it possible for people to keep supporting local restaurants and, in some cases, have allowed businesses to remain open.
