Does Postmates, Inc. really deliver “Anything. Anytime. Anywhere.”? The complaint for this class action alleges the “statement prominently displayed on the [Postmates] advertisements, website and application to people in Manhattan, New York is false, misleading, and likely to deceive reasonable people” because, it says, “the Service is actually limited to certain vendors and delivery only within certain ranges.”
The class for this action is all Manhattan persons who have viewed Postmates’s “Anything. Anytime. Anywhere.” advertisement and who did not sign up for Postmates’s Service, during between January 15, 2012 and September 2, 2021.
The statement that Postmates will deliver “Anything. Anytime. Anywhere.” is displayed on the main screen of its service, which means everyone going to use it views the statement. According to the complaint, it might be a reasonable promise “for anything sold in local NYC stores to any NYC location … since competitors exist and do provide such services (e.g., TaskRabbit, Uber). In addition, NYC is known as the city that never sleeps…”
But this is not true, the complaint alleges: “The Service only provides delivery from a specific set of vendors at specified times and locations…”
The complaint alleges, “The ability to deliver from vendors, including restaurants or kitchens, in Manhattan, New York … is highly coveted, evinced by the operation of at least three other delivery services (i.e., Seamless, Caviar, and Uber Eats).” It call this Postmates’s “attempt to unfairly increase the value of [its] brand … by deceiving the people … into believing Postmates already has access to countless NYC vendors, while their competitors … continue to legally contract with local businesses, costing them large sums, to fairly increase the value of their brands…”
The complaint alleges violation of New York’s General Business Law, which the complaint quotes as saying, “Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful[.]”
The complaint claims that Postmates “committed a deceptive act or practice which has a capacity, tendency, and/or likelihood to deceive or confuse reasonable people…” Also, Postmates “practices related to food delivery, marketing, and distribution of the Services for the purpose of selling, in such manner as set forth in detail above, constitute unfair and/or deceptive business. Plaintiff and members of the general public were and are likely to be deceived…”
It asks the court to (1) stop Postmates from continuing to engage in “any unjust, unfair and/or deceptive business acts or practices…” (2) restore all money that Postmates has acquired by its deceptive practices, and (3) grant punitive damages to deter others from doing the same in the future.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Postmates Deceptive “Anything Anytime Anywhere” Advertising Manhattan Complaint
September 2, 2021
Does Postmates, Inc. really deliver “Anything. Anytime. Anywhere.”? The complaint for this class action alleges the “statement prominently displayed on the [Postmates] advertisements, website and application to people in Manhattan, New York is false, misleading, and likely to deceive reasonable people” because, it says, “the Service is actually limited to certain vendors and delivery only within certain ranges.”
Postmates Deceptive “Anything Anytime Anywhere” Advertising Manhattan ComplaintCase Event History
Postmates Deceptive “Anything Anytime Anywhere” Advertising Manhattan Complaint
September 2, 2021
Does Postmates, Inc. really deliver “Anything. Anytime. Anywhere.”? The complaint for this class action alleges the “statement prominently displayed on the [Postmates] advertisements, website and application to people in Manhattan, New York is false, misleading, and likely to deceive reasonable people” because, it says, “the Service is actually limited to certain vendors and delivery only within certain ranges.”
Postmates Deceptive “Anything Anytime Anywhere” Advertising Manhattan Complaint