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Consumers, delivery workers, and restaurants can make complaints about delivery apps. 

If you’re a customer, you can file a complaint about food delivery apps.

Complaints include:

  • Unlicensed app
  • No disclosure of fees or surcharges
  • No other required disclosures
  • Tip required
  • Data shared with restaurants without consent

What Happens Next

If you don't include your address or email with your service request, you won't receive follow up. The Department of Consumer and Worker Protection (DCWP) will consider your complaint a tip.

If you include your address, DCWP will mail you a complaint form. You must complete and return it to DCWP. If you provide your email address, you'll get the form by email instead. Check your spam folder if you don't see it in your inbox.

If you make deliveries for an app that takes customer orders directly, you can file a complaint if your rights are violated.

You can report a food delivery or grocery app that does not:

  • Let you set limits on how far you will go between pickup and drop-off locations and which bridges or tunnels you will use
  • Pay you at least $21.44 per hour (not including tips) for time you spend preparing and/or making deliveries

You can also report a food delivery app that does not:

  • Tell you how much the customer tips for each delivery
  • Tell you your total pay and tips for the previous day

You can report any delivery app that does not:

  • Tell you route details before you accept a delivery
  • Pay you at least once a week
  • Give you a free insulated food delivery bag after six deliveries

You have a right to use a business’s bathroom when you pick up orders.

Online

File a complaint.

By Phone

  • Agency: Department of Consumer and Worker Protection
  • Division: Office of Labor Policy and Standards
  • Phone Number: (212) 436-0380
  • Business Hours: Monday - Friday: 9 AM - 5 PM
  • Phone assistance is available, but some calls may go straight to voice mail. Please leave a detailed message and a representative will contact you. As an alternative, visit nyc.gov/workers.

Restaurants can file a complaint about food delivery apps that:

  • List the restaurant without a written agreement
  • Don’t list or link to the restaurant’s phone number
  • Don’t disclose that additional listed phone numbers are for the app and may charge fees for placing orders
  • Don’t give the restaurant consumer data upon request
  • Charge the restaurant for phone orders that don’t end with a sale
  • Charge the restaurant more than the fee caps

What Happens Next

If you don't include your address or email with your service request, you won't receive follow up. The Department of Consumer and Worker Protection (DCWP) will consider your complaint a tip.

If you include your address, DCWP will mail you a complaint form. You must complete and return it to DCWP. If you provide your email address, you'll get the form by email instead. Check your spam folder if you don't see it in your inbox.

City laws require many food delivery apps to have a license and establish requirements that apps must follow concerning consumers, delivery workers, and restaurants.

Consumers

  • Apps must tell consumers that they collect their data and may share it with restaurants unless consumers opt out.
  • Apps must allow consumers to opt out of having their data shared with a restaurant.
  • Apps must tell consumers how much delivery workers get paid from a tip, in what form, and when.

Learn more about consumer rights.

Delivery Workers

Third-party food delivery apps must:

  • Tell delivery workers how much each customer tipped for each delivery
  • Tell delivery workers their total pay and tips for the previous day

Third-party food and grocery delivery apps must:

  • Pay delivery workers at least $21.44 per hour (not including tips) for time spent preparing and/or making deliveries
  • Give delivery workers more control over their deliveries, including setting limits on how far workers will go between their pickup and drop-off location and which bridges or tunnels they will use

All delivery apps (apps that take customer orders directly for delivery) must:

  • Tell delivery workers route details before they accept a delivery
  • Pay delivery workers at least once a week
  • Give delivery workers a free insulated food delivery bag after 6 deliveries

All delivery workers have a right to use a business’ bathroom when they pick up orders. 

Learn more about worker rights.

Restaurants

  • Apps must have a written agreement with a restaurant to list it on the app.
  • Apps that list or link to a phone number for a restaurant must include the restaurant’s direct phone number.
  • Apps must make clear to consumers that any additional listed phone number is for the app and confirm any fees to use numbers to place orders.
  • Apps must give restaurants consumer data if they request it.
  • Apps cannot charge restaurants for phone orders that do not end with a sale.
  • Apps cannot charge restaurants more than the fee caps.

Learn more about restaurant rights.

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