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DoorDash sued for allegedly branding customer a fraudster after delivery photo query

(2025/03/18)


Phyllis Jager, CEO of New York-based creative agency zuMedia, has perhaps, like some of you, privacy concerns about the pictures DoorDash drivers take to prove they've correctly made their deliveries.

When she raised those concerns with the gig delivery service, DoorDash retaliated against her by designating her as a fraudster, or so she claims in a recently filed lawsuit that alleges breach of contract, defamation, fraud, false advertising, and other violations of the law.

Accusing the delivery giant of defamation, the lawsuit claims that in November 2024, it "falsely flagged Jager as a fraudster."

[1]

Jager filed an initial [2]complaint [PDF] against DoorDash on December 2, 2024, accusing the app maker of breach of its consumer terms of service for falsely claiming that she used another person's credit card.

[3]

[4]

"As Jager orders meals for zuMedia personnel on her own DoorDash account, she uses her zuMedia corporate credit card, issued in her name or her own personal credit card, to pay for those orders," the complaint reads. "But upon Jager verifying the card she uses for the account, DoorDash informed her it was cancelling her account because, according to DoorDash, she was fraudulently using a card that does not belong to her."

Jager argues that DoorDash only took action against her after she questioned the privacy of photographs taken by DoorDash drivers that are used to demonstrate delivery. DoorDash customers often receive these images from delivery drivers via text message to show that the "Dashers" have fulfilled the orders. Jager, however, has doubts about the extent to which DoorDash has control, if any, over these images.

[5]

"These photographs clearly are unnecessary to the delivery process," the December complaint says. "They would be concerning even if they were being taken only to satisfy the prying curiosity of a Dasher. But the photographs are especially concerning to Jager (and presumably to other DoorDash users who become aware of these practices) because their more likely purpose is the surreptitious collection by Dashers and their accomplices of information about zuMedia's premises and vehicles."

Claiming that DoorDash has [6]no known policy on [7]the retention and use of photographs taken by drivers (Dashers), the complaint contends that these images could be used for vehicle thefts, burglaries, or the abduction of children – a theoretical possibility for any photographs of property and people.

Jager, whose company initially claimed to have placed $2 million in DoorDash orders since 2021 – later revised to $3.4 million in the updated complaint – allegedly tried to initiate an informal dispute resolution conference with DoorDash on November 6, 2024.

[8]

"Instead, DoorDash has sought to avoid addressing the dispute by simply terminating Jager's account and blocking her from receiving services by cancelling her DoorDash account on a pretextual basis," the December complaint claims.

That complaint was voluntarily dismissed on March 7. A new complaint was filed in the Southern District of New York the same day, and again on March 10, due to what appears to be a filing error.

The [9]new complaint [PDF] has expanded from 17 pages to 83, adding allegations of fraud and false advertising. It also delves into DoorDash's legal woes and controversies, in part to support allegations that the delivery giant fails to adequately vet its drivers.

The court filing observes that there are at least 136 lawsuits against DoorDash pending in the US. "These actions assert causes of action ranging from liability for Dashers' criminal conduct, to stealing Dasher tips and anti-competitive practices," the complaint says.

It further claims that DoorDash is aware that "many Dashers rent or give out their [10]accounts to others – persons who are not verified by any background check before they start taking DoorDash orders."

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[13]Tough luck, bosses, AI is coming for your job, too

[14]Europe inches closer to insisting gig workers are treated as employees

Additionally, it claims that Dashers may invite unvetted third parties to ride with them. Citing [15]media [16]reports of driver misbehavior, the lawsuit speculates: "Many of these riders are likely using their time riding with Dashers to case consumers' residences so that they can later return to burgle the home, steal vehicles in the driveway or kidnap the children who live there."

The legal filing goes on to accuse DoorDash of stealing drivers' tips. "Upon information and belief, based on Jager's recent discussions with a former Dasher, as recently as late 2024, when a consumer pays a tip to a Dasher through the DoorDash app, DoorDash does not give the entire amount of the tip to the Dasher," the latest complaint claims.

The fraud allegation arises from the claim that DoorDash's $2.99 Express fee – for faster delivery – doesn't actually accelerate delivery.

In support of that assertion, the complaint cites a study by [17]United States Oversight, Inc – owned by NY-based zuMedia – of ten separate DoorDash food orders made by six study participants in Brooklyn, New York, Jersey City, New Jersey, and Dallas, Texas.

"Four Dashers acknowledged that they had no knowledge of the express delivery option being part of the orders, adding that there was nothing visually reflecting that option on their phones and two Dashers claimed to have delivered the order in a direct manner, with no additional order just prior," the complaint contends.

Following the recitation of DoorDash's supposed shortcomings, the legal salvo takes aim at the delivery outfit's alleged response to Jager's challenge of driver photography: "[Tagging] Jager as a fraudster and [requiring] her to input a special PIN each time a Dasher arrived with the order."

The PIN requirement is used by DoorDash to prevent fraud, it is claimed. The lawsuit argues that Jager's reputation is harmed by sticking her with a PIN-entry obligation.

What's more, the latest complaint contends that DoorDash has denied that Jager made thousands of orders with the biz. "On or about November 18, 2024, a DoorDash customer service representative, while on the phone with Jager, informed Jager that DoorDash had no record of any of the over 4,000 transactions that Jager made through the DoorDash website since 2021," the complaint claims, calling this a retaliatory scheme intended to deter litigation.

The lawsuit seeks a jury trial and at least $10 million in damages.

DoorDash did not respond to a request for comment. ®

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[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2Z9mmsheb0I4Tip_FruB-hwAAAAw&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://storage.courtlistener.com/recap/gov.uscourts.nysd.632673/gov.uscourts.nysd.632673.1.0.pdf

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Z9mmsheb0I4Tip_FruB-hwAAAAw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Z9mmsheb0I4Tip_FruB-hwAAAAw&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Z9mmsheb0I4Tip_FruB-hwAAAAw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[6] https://help.doordash.com/legal/document?type=dx-ica&region=US&locale=en-US#:~:text=4.%20%20%20CONTENT

[7] https://www.reddit.com/r/doordash_drivers/comments/gnbedo/how_long_should_i_keep_drop_off_pictures/

[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Z9mmsheb0I4Tip_FruB-hwAAAAw&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[9] https://storage.courtlistener.com/recap/gov.uscourts.nysd.638246/gov.uscourts.nysd.638246.4.0.pdf

[10] https://www.wilx.com/2025/01/03/woman-arrested-jackson-county-doordash-shooting/

[11] https://www.theregister.com/2024/11/21/zomato_deepinder_goyal_job_ad/

[12] https://www.theregister.com/2024/09/07/uber_driver_waymo/

[13] https://www.theregister.com/2024/04/05/ai_management_jobs/

[14] https://www.theregister.com/2023/12/14/europe_gig_workers_employees/

[15] https://nypost.com/2021/03/20/horny-doordash-driver-reportedly-holds-food-hostage-for-sex/

[16] https://www.walb.com/2022/03/02/doordash-driver-arrested-after-attacking-coffee-co-woman/

[17] https://www.usoversight.com/

[18] https://whitepapers.theregister.com/



abetancort

Karen alarm sounding loud and clear.

Lol, no

Gene Cash

I was in a restaurant recently when a DoorDasher loudly proclaimed "I'm a DoorDasher and you will get *MY* order out first!!"

Whereupon the owner said quietly "I'm the owner and you'll get the hell out of my restaurant" and she then had to call the police because this person indeed wouldn't leave.

20 minutes later the person came back begging for forgiveness and shedding a ton of crocodile tears.

I've seen that behavior in two different restaurants now, so I'm starting to wonder if it's the company encouraging this and not a couple bad apples.

Who's a Karen, again?

Re: Lol, no

Anonymous Dasher

I mean, go figure there are crappy/impatient people in all walks of life. It is obvious that the person suing has little knowledge of how DoorDash works.

Delivery drivers who take photos through the app have no access to those photos on their device after the delivery is completed. Likewise, they have no access to a recipient's name or address once the delivery is completed. Now, COULD they take additional pictures with their phone and COULD they record details about the house for some future nefarious use? Sure, but couldn't anyone driving down your street do the same thing? I hope this person has never used Amazon or UPS, who take pictures for the same reason DoorDash does - to help prevent scummy people from receiving an item and then claiming they never got it.

It's 2025, the expectation of privacy outside your home is completely gone. If you have issues with that or you are that paranoid about a person coming to your home to deliver food there is a simple solution, don't use DoorDash/Uber Eats/Grubhub.

Re: Lol, no

FrogsAndChips

Amazon or UPS, who take pictures for the same reason DoorDash does - to help prevent scummy people from receiving an item and then claiming they never got it. to send you a picture of a random front door and pretend they have delivered your parcel, then come back the next day for the actual delivery.

FTFY

DoorDash driver

Anonymous Coward

Im a DoorDash driver and yeah we take pictures so people can find their stuff. Most of us are really not casing your home or neighborhood and probably wont remember your name or address by the end of our dash anyway. As far as people riding with us? Yeah My husband always rides with me because of safety concerns. I deliver to sketchy places. He too is not casing your home. Oh and the vast majority of us dashers also take pictures withing the app itself which does not even save them to our phone. Once we take the picture and confirm delivery, the picture goes away and is never seen by us again. It sounds like the plaintiff is projecting her insecurities on the world.

Re: DoorDash driver

Apocalypso - a cheery end to the world

Not sure why you've got a downvote for simply stating your experience - but that's the site these days.

A couple of questions though, if I may:

Were / are you aware of the express delivery option? And how do Doordash expect you to "express" it, given that you can't start until the food is ready to collect and the distance between the restaurant and the customer doesn't change and you're not supposed to exceed the speed limits etc.

Do you get the full tip? If not how much does Doordash deduct? (And do they give a reason why?)

Re: DoorDash driver

Anonymous Dasher

As a DoorDash drivers myself, yes I am aware of the 'express' option but the only thing I believe it does is to try and make sure your order is not offered as part of a stack to the drivers - essentially, your order will not be part of a multiple restaurant pick up and multiple customer drop off for a driver so that in theiry you get it faster. Of course, if the tip you're offering up front is not enticing enough your food may sit for a while anyway. I have heard that for these reasons paying extra for the express option is not worth it. Just tip well and you'll get your food quickly (and DoorDash will not have to bundle it with other orders to get it completed).

As for tips, as I understand it DD got caught some time ago using part of the customer tips toward the 'base' pay for an order, effectively lowering the driver's pay. After that lawsuit was settled that supposedly isn't happening anymore but I've never actually asked a customer how much they tipped to compare it to what I received.

Re: DoorDash driver

JoeCool

Does doordash steal your tips?

Did Doordash fraudulently retaliate by inventing groundless accusations of fraud against the customer ?

Does Doordash require the photo, then ignore their obligations to manage the photos ?

Is doordash promoting an "Express fee" that actual does nothing except get more money out of the customer ?

Re: DoorDash driver

Philo T Farnsworth

FedEx and UPS also take photos of packages as delivered to the doorsteps of homes. I've looked at the ones I get with my delivery notification and don't see anything that might be of use to the criminally minded. Admittedly, I'm not a burglar or child abductor but I'm not sure seeing a photo of a box on my closed door and porch would be of use in commiting a crime.

As far as "ride alongs" -- well, DoorDash and its ilk sound to me to be pretty mind numbing jobs and having a companion might make it a bit more bearable, not to mention, as AC above points out, the job can be a trifle hazardous, especially for women.

I suspect the DoorDash driver probably faces far more danger from the customer than the other way around.

Aren't these photos of nominally public places?

Andy the ex-Brit

Google Street View has a huge database of photos showing the fronts of houses including, often, the door, the cars in the driveways, and my understanding is that some of those houses may contain, at times, children!

Really, it's just a gift to kidnappers and car thieves everywhere.

Re: Aren't these photos of nominally public places?

JoeCool

Live probe, not a months old drive-by that has personally identifying details obscured (unless of course you are in a jurisdiction that doesn't protect PI ).

Both off the rails?

doublelayer

To me, it seems like both parties here have taken this into strange places. The customer's concern about pictures is possible, but the purpose of the pictures seems obvious: it helps the customers find things when they haven't been handed to them directly and it proves that the delivery was completed. If drivers intended to burgle the houses, not taking a picture of the delivery wouldn't protect them, because they could easily take many pictures as they arrived and just not sent them to the customer. If delivering an order would actually provide any assistance to the aspiring burglar, it doesn't sound like that's something DoorDash would create.

So I'm likely to side with DoorDash against this paranoia but they then respond with flimsy attacks on the user. Using a corporate card is not a fraudulent act, and, if their app works like similar ones, they probably specifically recommend it and have UI controls to make it easy. Accusing a customer of fraud is not the appropriate response to dealing with someone, even someone with unrealistic actions. The more appropriate response is to say "People with cameras near you can take pictures of your buildings and cars and we neither encourage nor discourage it. Nothing we can do, feel free to stop buying from us if you have a problem with that." and let the customer seethe. Unfortunately, the account closure on false pretenses is not a tactic invented for this case, where I don't find the closee sympathetic, so I can't side with Doordash either.

katrinab

Close the account on the grounds that, if you don't agree to us taking photos as proof of delivery, don't order from us. Every one does that these days. It was useful to me on one occasion when they (not Door Dash, a different company) delivered to the wrong address, because I was able to point out that the photo didn't match my front door.

Emir Al Weeq

I have a friend who lives in a flat that is part of a large, converted, country house.

He and his neighbours sometimes use the delivery companies' photos to show goods left at the far end of a ~400m driveway that were never received.

RT Harrison

A quick internet search revealed where their registered office is. Using Google Street View shows it is just a regular office building that obviously contains other companies. Use nycompanyregistry.com to find the info, their own website doesn't list it.

Your company isn't special, you may have a shark tank investor, Mark Cuban, but he will just be in it for a large return on investment.

Paul 195

One of those "I hope they both lose" cases.

ecofeco

Yep. This.

Sounds unstrung

Henry Wertz 1

Sounds unstrung to me. Allegedly.

Thinking the photo showing where your food is is to case the joint? And, if she's worried about her place being cased, what difference would a photo being sent to you make? “They” could take 50 other photos and notes and just not send them to you. Or, you know, deliver your food and leave without casing anything.

Throwing on irrelevant info will not help her case,. If Doordash steals tips, the $2.99 fee doesn't accelrerate delivery, well, that is 100% Irrelevant to her case of worrying about her place being cased and having her account banned. And if a judge doesn't throw her case out anyway, they will throw it out when you throw in things that result in 0 damages to you personally.

corporate doordash...

Valeyard

If you're spending millions on doordash perhaps it's time to hire your own driver or have one of your staff get a bit extra in their paypacket for takeout duties

Amazon driver

Andy Non

took a nice photo on Sunday of my parcel on a random stranger's doorstep. I managed to track the door down with a steady walk down my street looking for a match. Home owner was baffled that Amazon had just dumped someone else's parcel on their doorstep and cleared off. I was in at the time and the driver didn't even come to my door. I complained to Amazon and got £5 compensation, but I'd much prefer the drivers actually do the job they are paid for. Most of the time they just dump parcels on my doorstep and can't even be bothered to ring the doorbell, so parcels can sit there for hours before I notice them. Thankfully, none have been nicked yet, but likely only a matter of time.

I've got to the stage I hardly buy anything from Amazon nowadays, and certainly nothing expensive. I bought a new mobile the other day as there haven't been any updates for my old one for the last 2 or 3 years. It was a bit cheaper from Amazon, but not risking it, so bought it in-store from Tesco's and checked the box actually contained a phone rather than a bar of chocolate (that return fraud thing is something else to be alert to).

So much flaky customer service nowadays.

Anonymous Coward

So basically, she's suing a delivery company for $10 million because she has to enter a PIN on receipt of goods.

The rest of it is fluff. Even if they did tell her the account closure was due to fraud, it's not a stain on her reputation because they weren't saying it publicly. In fact, it was her that announced it to the world!

Parcel companies and photos

Anonymous Coward

A friend raised concerns regarding parcel companies after photos of him (admitedly just his bare legs and slippers and was in a dressing gown when answering the door) were available to anyone with the right URL without any login or verification requests.

Do you like "TENDER VITTLES"?