Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Missing orders, wrong items, cold food, excessive fees, and refund denials—food delivery apps generate millions of customer complaints annually. Whether you use DoorDash, Uber Eats, Grubhub, Instacart, or smaller regional services, you have legal rights when things go wrong. The Federal Trade Commission (FTC) protects consumers from deceptive business practices. This comprehensive guide explains how to get refunds from delivery platforms, file effective disputes, use credit card chargebacks strategically, and escalate to regulatory agencies when companies refuse to make things right.
Industry Scale: The U.S. food delivery market exceeds $30 billion annually. DoorDash controls about 60% of the market, followed by Uber Eats at 25% and Grubhub at 10%. Consumer complaints to the BBB and FTC about these services have grown dramatically.
Common Food Delivery Problems
Order Never Delivered
- Marked delivered but never received: Driver marks complete but food never arrives
- Left at wrong address: Delivered to neighbor or completely wrong location
- Stolen after delivery: Food taken by someone else after driver leaves
- Driver canceled after pickup: Order picked up but never delivered
Wrong or Missing Items
- Completely wrong order: Received someone else's food
- Missing items: Order incomplete despite full charge
- Wrong modifications: Allergies ignored, special requests not followed
- Substitutions without consent: Items swapped without approval
Food Quality Issues
- Cold or stale food: Extended delivery time ruins temperature-sensitive items
- Damaged or spilled: Poor handling during transport
- Tampered packaging: Evidence of opened or unsealed containers
- Food safety concerns: Items that should be refrigerated left out too long
Billing and Pricing Disputes
- Price inflation: App prices higher than restaurant menu prices
- Hidden fees: Service fees, small order fees, delivery fees not clearly disclosed
- Tip theft: Tips not going to drivers as promised
- Double charges: Charged multiple times for same order
- Subscription issues: DashPass, Uber One, Grubhub+ billing problems
Platform-Specific Refund Policies
DoorDash
- Refund window: Report issues within 24 hours of delivery
- How to report: Orders → Select order → Help → Report issue
- DashPass cancellation: Cancel anytime in Account → Manage DashPass
- Refund method: Original payment method or DoorDash credits
- Escalation: Email [email protected] or call 855-431-0459
Uber Eats
- Refund window: Report within 7 days of order
- How to report: Orders → Select order → Help → Past orders
- Uber One cancellation: Account → Uber One → Manage membership
- Refund method: Credits preferred; push for original payment method
- Escalation: In-app chat or help.uber.com
Grubhub
- Refund window: Report within 7 days
- How to report: Orders → Select order → Help
- Grubhub+ cancellation: Account → Grubhub+ → Cancel
- Refund method: Original payment or Grubhub credits
- Escalation: 877-585-7878 or @Grubhub_Care on Twitter/X
Instacart (Grocery Delivery)
- Refund window: Report within 7 days
- How to report: Orders → Select order → Report a problem
- Instacart+ cancellation: Account → Instacart+ → Manage
- Photo evidence: Often required for damaged/wrong items
- Escalation: 888-246-7822 or @Instacart on Twitter/X
| Platform | Report Window | Phone Support | BBB Rating |
|---|---|---|---|
| DoorDash | 24 hours | 855-431-0459 | F |
| Uber Eats | 7 days | Limited | F |
| Grubhub | 7 days | 877-585-7878 | F |
| Instacart | 7 days | 888-246-7822 | F |
Industry-Wide Problem: All major food delivery platforms have F ratings with the BBB. This reflects systemic customer service issues. Don't expect easy resolutions—be prepared to escalate.
Your Legal Rights
Contract Law
When you place an order, you enter a contract. The delivery platform promises to:
- Deliver the items you ordered
- Deliver within a reasonable time
- Charge only the displayed price plus disclosed fees
- Provide a refund for services not rendered
State Consumer Protection Laws
Delivery platforms are subject to state consumer protection laws that prohibit:
- Deceptive pricing: Hidden fees, bait-and-switch tactics
- Unfair practices: Refusing reasonable refunds, making refunds difficult
- False advertising: Promising delivery times they can't meet
Credit Card Protections
The Fair Credit Billing Act (15 U.S.C. § 1666) gives you the right to dispute charges for:
- Services not rendered (order never delivered)
- Services not as described (wrong items, poor quality)
- Unauthorized charges
Step-by-Step Resolution Process
Step 1: Document the Problem Immediately
- Take photos: Wrong items, damaged food, empty doorstep, everything
- Screenshot order details: What you ordered, delivery time, charges
- Save delivery tracking: GPS data, delivery confirmations
- Note the time: When order was placed, estimated delivery, actual arrival (or non-arrival)
Step 2: Report Through the App
- Report within the platform's time window (usually 24 hours to 7 days)
- Be specific: "Order never received" not "had a problem"
- Upload photo evidence
- Request refund to original payment method, not credits
Step 3: Escalate Within the Platform
If the initial request is denied:
- Request escalation: Ask to speak with a supervisor
- Use multiple channels: Phone, email, social media simultaneously
- Social media: Public complaints on Twitter/X often get faster responses
- Reference documentation: Point to specific evidence
Step 4: Credit Card Chargeback
If the platform refuses a legitimate refund:
- Time limit: You have 60 days from the statement date to dispute
- Dispute reason: "Services not rendered" or "services not as described"
- Provide evidence: Order confirmation, photos, communication with platform
- Expected outcome: High success rate for legitimate disputes with documentation
Chargeback Tip: Platforms track chargebacks and may ban accounts with multiple disputes. Use chargebacks for legitimate issues when the platform refuses fair resolution, not as a first resort.
Step 5: File Regulatory Complaints
- FTC: reportfraud.ftc.gov for deceptive practices
- State Attorney General: Consumer protection division
- BBB: bbb.org (platforms respond to maintain ratings)
- Local consumer affairs: Some cities have food delivery regulations
Step 6: Small Claims Court
For larger disputes or pattern of problems:
- Sue for the total of your unrefunded losses
- Add consequential damages if applicable
- Cite breach of contract and state consumer protection violations
Subscription Billing Disputes
Issues with DashPass, Uber One, Grubhub+, and Instacart+ subscriptions:
Common Subscription Problems
- Charged after cancellation
- Free trial converted to paid without clear notice
- Benefits not applied to orders
- Difficulty canceling subscription
- Price increases without adequate notice
Your Rights
- ROSCA (Restore Online Shoppers' Confidence Act): Requires clear disclosure before charging and simple cancellation methods
- State automatic renewal laws: California, New York, and other states require explicit consent and easy cancellation
- Right to cancel: Must be able to cancel online if you signed up online
Resolving Subscription Issues
- Screenshot the cancellation confirmation
- Check your account status after canceling
- If charged after cancellation, dispute with your credit card
- File FTC complaint for ROSCA violations
When Restaurants Are at Fault
Sometimes the delivery platform isn't responsible:
- Restaurant prepared wrong order: Platform may still process refund, but restaurant is ultimately responsible
- Food quality at restaurant level: Undercooked, spoiled, or contaminated food is the restaurant's responsibility
- Restaurant closed or canceled: Platform should refund fully
Food Safety Issues: If you get sick from delivered food, report to your local health department in addition to the platform. Keep the food if possible for testing. Medical expenses may be recoverable from the restaurant.
Calculating Your Damages
Direct Damages
- Order cost: Full amount paid including tips, fees, taxes
- Subscription fees: Charges for services not received
- Replacement meal: If you had to buy food elsewhere
Consequential Damages
- Event ruined: Catering for party that never arrived
- Medical expenses: If food caused illness
- Lost work time: Dealing with disputes
Frequently Asked Questions
The driver marked my order as delivered but I never received it. What do I do?
Report immediately in the app with "Order never arrived." Check any delivery photos against your actual door/address. If the photo shows a different location, screenshot it as evidence. Request refund to your original payment method. If denied, do a credit card chargeback for "services not rendered."
Can I get a refund if the food was cold or poor quality?
Yes. Take photos showing the problem (ice crystals indicating refreezing, cold/congealed food). Report through the app for "quality issue." Request full or partial refund depending on severity. If your entire meal is ruined, you're entitled to a full refund.
The app shows higher prices than the restaurant's menu. Is this legal?
Generally yes—platforms charge restaurants commission, and some mark up prices to cover it. However, this must be disclosed. Look for fine print saying "prices may differ from in-store." If no disclosure exists and you were misled, you may have a deceptive practices claim.
I want a refund but they only offer credits. Can I demand cash back?
Yes. For services not rendered (missing order), you're entitled to a refund in your original payment method. Credits are a lesser remedy the platform prefers. Insist on original payment method refund. If refused, do a credit card chargeback.
Can the platform ban me for too many refund requests or chargebacks?
Yes. Platforms track dispute history and may deactivate accounts they suspect of "refund abuse." However, legitimate complaints are protected. Keep records of all issues to demonstrate they're genuine. If banned unfairly, report to your state AG as an unfair practice.
My tip didn't go to the driver. What can I do?
Tip diversion is illegal in many states and violates FTC guidelines. Report to the FTC (tip theft is a priority enforcement area) and your state labor department. You may be able to recover the tip through a chargeback if it was misrepresented.
The delivery took 2 hours instead of the promised 30 minutes. Can I get a refund?
Possibly. Significant deviation from promised delivery time, especially for hot food that's now cold, is grounds for a partial or full refund. Report the delay and food quality issue. If the food is unusable due to the delay, request a full refund.
Key Resources
- FTC Complaint: reportfraud.ftc.gov
- CFPB Complaint (billing): consumerfinance.gov/complaint
- State Consumer Protection: usa.gov/state-consumer
- BBB Complaints: bbb.org
- DoorDash Support: 855-431-0459
- Grubhub Support: 877-585-7878
- Instacart Support: 888-246-7822
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