News for hackers. Stuff that matters.
Re:Grubhub sued for listing restaurants without permission by mabbo on Thursday October 29, 2020 @10:40AM (#24930939)
I hope there's a strong precedent set here. Companies like Grubhub list restaurants on their site/app, but put the wrong phone number on it- one that goes to their own people instead. That's clearly some kind of fraud or misrepresentation.

Makes me feel like I should setup a phone number and a website called something like "GrubhubHelp.com", and list a help number for assistance with GrubHub orders. Then when customers call to complain, I'll play an ad for the competitor who has paid me the most money.

Seems only fair, right?

Re:Grubhub sued for listing restaurants without permission by TuringNYC on Thursday October 29, 2020 @10:59AM (#24931164)
FYI - the same thing happens with Hotels.com. When you "call the hotel" with the number listed, I learned that the representative is actually a Hotels.com rep, not a hotel employee or hotel call-center employee.

This matters. In my case, I asked about my corporate discount and they gave me a vague answer about "I dont see anything in the system", which I guess was technically not a lie, but definitely deceitful. I wised up because I knew we had a corporate discount and asked who I was speaking to. They gave vague answers like "I'm the call center representative" or "I'm here to help you book with X hotel".

The scam is they are trying to book you at a higher price w/o applying any corporate discounts, etc (and probably keeping a booking/affiliate fee). This should be illegal.

Re:Grubhub sued for listing restaurants without permission by loceng on Thursday October 29, 2020 @12:07PM (#24931989)
I had to recently book a hotel for a few nights. Hotels are mostly empty because of COVID. When I called to book a room it was clearly a script being followed with high pressure tactics including saying rooms are filling up quickly. Once I arrived at the hotel it looked mostly dead, and I when I asked the manager who was helping me behind the counter, he said they were at 10% capacity. It should also be illegal for businesses to misrepresent their inventory.
Re:Grubhub sued for listing restaurants without permission by asdff on Thursday October 29, 2020 @01:31PM (#24932912)
So many websites resort to this, frankly it's embarrasing used car salesmen level tactics. My favorite is the petition websites like change.org. The ticking of people signing the petition before your eyes is entirely artificial. Refresh the page and the count resets.
Re:Grubhub sued for listing restaurants without permission by o-__-o on Thursday October 29, 2020 @09:05PM (#24938038)
Oh so like reddit today!
Re:Grubhub sued for listing restaurants without permission by Igelau on Thursday October 29, 2020 @01:08PM (#24932683)
To be fair, they had just experienced a sudden exponential surge in interest: your phone call.
Re:Grubhub sued for listing restaurants without permission by whitebread on Thursday October 29, 2020 @01:31PM (#24932909)
/s?
Re:Grubhub sued for listing restaurants without permission by marcosdumay on Thursday October 29, 2020 @02:10PM (#24933390)
Seems highly redundant.
Re:Grubhub sued for listing restaurants without permission by MaxBarraclough on Thursday October 29, 2020 @02:42PM (#24933930)
The UK's Competition and Markets Authority had a clamp-down on exactly this last year.

https://www.theguardian.com/business/2019/feb/06/hotel-booki...

Re:Grubhub sued for listing restaurants without permission by brad_Saggy on Friday October 30, 2020 @01:29AM (#24939451)
I had learned after moving to the US (pretty much any western country), it is all about "wordplay". What the agent did was not illegal. What they said could be true in their own terms.
Re:Grubhub sued for listing restaurants without permission by userbinator on Thursday October 29, 2020 @03:39PM (#24934703)
I don't know what's more amusing, the fact that they didn't change the script at all for the current conditions, or that there are probably still people falling for it.
Re:Grubhub sued for listing restaurants without permission by punitxsmart on Thursday October 29, 2020 @02:40PM (#24933898)
I agree with the sentiment. But, it should not be illegal to lie about your inventory. As long as you are receiving what is promised by them at a price that you both agree, its all fair game.
Re:Grubhub sued for listing restaurants without permission by rileymat2 on Thursday October 29, 2020 @02:54PM (#24934126)
I don't understand this position, how is it not a form of fraud?
Re:Grubhub sued for listing restaurants without permission by skipnup on Thursday October 29, 2020 @03:08PM (#24934307)
Atleast in the EU it even is forbidden to use false information ("only X rooms/seats/items left" if that isn't true) as a sales tactic.
Re:Grubhub sued for listing restaurants without permission by mrmuagi on Thursday October 29, 2020 @05:31PM (#24936188)
Deceiving the the other party is a market failure of asymmetrical information. Like being told about a car being all peaches but it's actually a lemon. It's unlawful in most developed countries and is a great way to get a fine and/or a prison sentence.
Re:Grubhub sued for listing restaurants without permission by heavyset_go on Thursday October 29, 2020 @01:36PM (#24932967)
This can come to a head when traveling.

Years ago, I had used hotels.com to book a reservation. I had booked a hotel near the destination airport for one night before continuing to travel to my actual destination. The hotel advertised that they can give refunds or change booking with 24 hours notice.

My flight was cancelled and rescheduled for the next day, making that one-night hotel stay a waste if I couldn't reschedule or get a refund for it.

Apparently hotels.com doesn't have the same policy as the hotel I had a reservation at, so while still in the airport, I had to argue with about 3 layers of people before it was made apparent that I wasn't speaking to the hotel.

In the end, hotels.com "made an exception" for me and refunded my money which I was then able to use to book another night. I suspect that exception was made because they were able to get a refund from the hotel itself.

Re:Grubhub sued for listing restaurants without permission by moksly on Thursday October 29, 2020 @12:02PM (#24931928)
I was doing a stint of formulating our national enterprise architecture, something I was invited to because of my local work on the subject.

During this period I staid at hotels quite often, and learned that the best way to get a good and cheap booking is to E-mail the hotel directly. The cheap part came from being an enterprise organisation, but as far as secure and easy booking goes I always email hotels directly for private stays as well. Maybe it’ll cost me a few extra dollars, but I avoid the hassle of having to deal with hotels.com who among other things charge you up front and make it almost impossible to cancel.

Re:Grubhub sued for listing restaurants without permission by iaw on Thursday October 29, 2020 @12:33PM (#24932309)
My experience (years ago) was that the hotels would prefer people did this as they don't like the middlemen either.
Re:Grubhub sued for listing restaurants without permission by toomuchtodo on Thursday October 29, 2020 @12:42PM (#24932398)
I always lookup the hotel on an aggregator (Hotels.com usually) and then call the hotel directly to book.
Re:Grubhub sued for listing restaurants without permission by notdang on Thursday October 29, 2020 @02:26PM (#24933656)
and you call the number listed on hotels.com? In this case you are calling hotels.com and not the hotel itself.
Re:Grubhub sued for listing restaurants without permission by toomuchtodo on Thursday October 29, 2020 @02:31PM (#24933749)
No, I lookup the hotel's actual phone number. I don't rely on any contact info on hotels.com, only their map data of where the hotels are and rates for rough pricing.
Re:Grubhub sued for listing restaurants without permission by londons_explore on Thursday October 29, 2020 @11:37AM (#24931644)
Just ask a random question only a real hotel employee would know - like "What time is breakfast served?"
Re:Grubhub sued for listing restaurants without permission by TuringNYC on Thursday October 29, 2020 @11:42AM (#24931689)
The problem is I dont have a "skeptical resting state" where i'm constantly trying to sniff out scams.

I google "Fairmont Hotel Berkeley" because that is what my co-workers are staying at. I get an 800 number, which I call. The person is friendly and asks "Can I help you book a room at Fairmont Berkeley?" Business customers, especially, are somewhat price insensitive since they are not paying for trips.

Sad world.

Re:Grubhub sued for listing restaurants without permission by danuker on Thursday October 29, 2020 @12:09PM (#24932015)
I suppose you should know this also, to detect a lie.
Re:Grubhub sued for listing restaurants without permission by toast0 on Thursday October 29, 2020 @01:18PM (#24932796)
I don't think the intent is to have you book at a higher price. The intent is to get the booking and collect the fee. And they just don't care that they can't process corporate codes.

They are misrepresenting things, and asking about a discount code probably should get you forwarded to the hotel (or their corporate call center). It can get a little hairy when Hotels.com (or whoever) has a lower price or more rooms available than the hotel directly (sometimes the Online Travel Agencies will commit to a number of rooms over a time frame, then they have pricing autonomy and exclusive availability; probably not happening in covid times though)

Re:Grubhub sued for listing restaurants without permission by user5994461 on Thursday October 29, 2020 @06:26PM (#24936848)
I don't remember phone numbers being listed on hotels.com.

If you dig up the support number it is going to the hotels.com call center. It's not deceptive because they have your booking and your money, they can see your order and rebook you in another hotel which the direct hotel wouldn't be able to do (this happens regularly when there are problems like the hotel has no room).

If you have a corporate discount with a specific hotel you definitely need to deal with the website of the hotel directly, not hotels.com

Re:Grubhub sued for listing restaurants without permission by coldcode on Thursday October 29, 2020 @02:05PM (#24933299)
hotels.com is an Expedia brand, not a company.
Re:Grubhub sued for listing restaurants without permission by ghthrowaway99 on Thursday October 29, 2020 @11:05AM (#24931257)
[ Disclaimer: GH employee but speaking independently & not representing the company in this message ]

You're mixing up controversies - there was a separate "feature" Grubhub did years ago where grubhub would stand up online presence for restaurants to bring in web search traffic (branded websites, search results on grubhub.com, etc) and list a grubhub phone number instead of the real phone number so that grubhub could collect comission on the orderflow that they're raking in for the restaurants. These were partnered restaurants, so they were signing up for this and could opt out of any of these services, in theory anyways I wasn't part of this so I have no idea if it's really that easy to opt out

Separately, a practice pioneered by ubereats and doordash, "Place and Pay" is a new thing in the past 2-3 years where Grubhub will just list a bunch of restaurants without them asking for it ("non-partnered"), and when you place an order online the driver will go in and order takeout, then carry it to you. The restaurant can opt out of this, but they never asked for the service in the first place so it's kinda shitty. That's what this article is about.

Grubhub was against place and pay at first, when UberEats and Doordash began doing it (not because Grubhub is selfless but because partnered restaurants are way more profitable), but resisting place and pay turned out to be a recipe for losing market share so that's no longer the case.

Re:Grubhub sued for listing restaurants without permission by kop316 on Thursday October 29, 2020 @11:21AM (#24931475)
"Grubhub was against place and pay at first, when UberEats and Doordash began doing it (not because Grubhub is selfless but because partnered restaurants are way more profitable), but resisting place and pay turned out to be a recipe for losing market share so that's no longer the case."

If Grubhub actually took a stand and showed they not only did not do this sort of behavior, I would actually use it, and I would pay the premium for delivery (to make sure the restaurant makes money and the driver makes money).

Instead, I never use your service, and I never plan to. I go out of my way to call a restaurant (and because of shady behavior like that, I take the extra time to make sure it is that restaurant and not some call center) and I will physically go to a restaurant because to pick up my order, so I know they are not losing money on orders.

Re:Grubhub sued for listing restaurants without permission by rconti on Thursday October 29, 2020 @02:18PM (#24933511)
> If Grubhub actually took a stand and showed they not only did not do this sort of behavior, I would actually use it, and I would pay the premium for delivery (to make sure the restaurant makes money and the driver makes money).

You may well faithfully adhere to this promise, but the reality is, most people simply don't know (and it would be generous for me to assume they would care even if they DID know).

So much of the GH/DD/UE model is reducing friction to drive transactions. Click button, throw some amount of money at the company, receive product. Just like Amazon.

Having to stay abreast of the news, the competitive landscape, the various companies' business practices, and then factor that all in when making an online transaction, is probably too much to ask of a consumer when the entire point of the service is not having to know or care too much about the details.

You could even argue one of the features of these services is abstracting away things that people don't WANT to know about- Tipping policies, labor practices, what the parking is like at the restaurant, how pleasant the staff is to deal with, how the owner's doing today, etc.

I'm with you- I almost never order anything delivery, I pick up my own orders on the rare occasion I takeout, etc. This whole delivery gig economy thing makes me pretty uncomfortable. But we're a rare breed. (and I'm not claiming to be better than most people; I order far too much from Amazon than I'd like to admit).

Re:Grubhub sued for listing restaurants without permission by icebraining on Thursday October 29, 2020 @12:03PM (#24931944)
I don't get it, how would the restaurant be losing money from this behaviour? Isn't Grubhub paying the regular takeout price, same as if you order it yourself?
Re:Grubhub sued for listing restaurants without permission by ghthrowaway99 on Thursday October 29, 2020 @12:34PM (#24932320)
At face value non-partnered restaurants dont lose money, they simply get more customers (essentially, getting some of the services that partnered restaurants get, but for free since partnered restaurants pay fees for each order that goes through the platform)

However, in truth they pay damage in reputation. If the delivery company delivers food slow, or lets it get cold, then the customer will blame the restaurant. On top of that, unpartnered restaurants will naturally get slower delivery times because the order flow involves grubhub delivery people walking in and placing an order (or calling in), whereas partnered restaurants get point of sale systems integrated with grubhub's backend. They get less accurate delivery time estimations. They might pay a much higher delivery fee or service fee. All things add up to a worse customer experience.

Re:Grubhub sued for listing restaurants without permission by an_opabinia on Thursday October 29, 2020 @01:00PM (#24932592)
People order every day from non Amazon, non Amazon Prime sellers on Amazon. My feeling is end users know what they’re getting into as long as they’re informed the restaurant is non partnered, and your bosses just need to take the 5m to come up with a brand.
Re:Grubhub sued for listing restaurants without permission by colejohnson66 on Thursday October 29, 2020 @01:25PM (#24932858)
I’ve heard many stories about people’s orders taking longer than 2 days to arrive[a] (sometimes even 5+ weeks). When asked, they say they ordered on Amazon and are upset at Amazon for it being late. After you explain that Amazon is also a marketplace, they understand why it’s late (it’s the seller’s fault), but they’re still upset at Amazon for not making it clear enough that it wasn’t going through Prime.

[a]: I.E. non-Prime purchases (ignoring the fact that Prime purchases can also just be late)

Re:Grubhub sued for listing restaurants without permission by leppr on Thursday October 29, 2020 @01:34PM (#24932938)
That indicates mostly a branding/communication problem and not something fundamentally wrong with the practice of layering services over other third-party services.
Re:Grubhub sued for listing restaurants without permission by donarb on Thursday October 29, 2020 @04:00PM (#24934997)
People don’t realize that Amazon Prime doesn’t promise 2 day shipping from the time you order. It’s 2 day shipping from the time they fill your order, which could be a week or two later.
Re:Grubhub sued for listing restaurants without permission by ayewo on Thursday October 29, 2020 @12:22PM (#24932159)
It's a bit more nuanced than that. The best way to think of food delivery businesses funded by VCs is to think of them as payday lenders.

Some background reading: https://themargins.substack.com/p/doordash-and-pizza-arbitra...

Be sure to also read this insightful comment left by a former GrubHub employee: https://themargins.substack.com/p/doordash-and-pizza-arbitra...

Re:Grubhub sued for listing restaurants without permission by vkou on Thursday October 29, 2020 @01:45PM (#24933060)
Grubhub fucks up the order, the customer leaves a bad yelp/google review for the restaurant. (Because the customer was tricked into believing that they were interacting with the restaurant the entire time.)

That's why this is fraud.

Re:Grubhub sued for listing restaurants without permission by gjreda on Thursday October 29, 2020 @03:29PM (#24934590)
Here's an excerpt from their October 2019 letter to shareholders. TL;DR - they're a public company and the markets told them they needed to keep growing in order to survive.

> For restaurant inventory, we will rapidly expand our recent pilots of putting non-partnered restaurants on the platform. For reasons we’ve discussed many times, we believe non-partnered options are the wrong long-term answer for diners, restaurants and shareholders. It is expensive for everyone, a suboptimal diner experience and rife with operational challenges. With that said, it is extremely efficient and cheap to add non-partnered inventory to our platform and it can at least ensure that all of our current and potential new diners have the option to order from any of their favorite restaurants now, even if it’s not the best solution. By leveraging non-partnered options, we believe we can more than double the number of restaurants on our platform by the end of 2020.

> At the same time, because we know that partnered relationships are critical to the long-term success of this business, we will be investing aggressively in our independent restaurant sales organization to support converting as many of these non-partnered restaurants to partnered relationships as quickly as possible and to take advantage of other innovations in the restaurant space, like virtual restaurants.

https://s2.q4cdn.com/772508021/files/doc_financials/2019/q3/...

Re:Grubhub sued for listing restaurants without permission by doc_gunthrop on Thursday October 29, 2020 @11:43AM (#24931712)
> The restaurant can opt out of this, but they never asked for the service in the first place so it's kinda shitty. That's what this article is about.

If the driver places the order without making it clear to the restauranteur that they are the middleman company (UberEats, Doordash, etc.) then the opt-out clause is meaningless. You can't opt out of something you're never aware of.

Re:Grubhub sued for listing restaurants without permission by nogabebop23 on Thursday October 29, 2020 @12:11PM (#24932044)
yes - this is not "opt out", it's not even "default opt-in" like the telecoms got spanked for a few years ago, because they have no pre-existing relationship. It's fraudulent representation.
Re:Grubhub sued for listing restaurants without permission by ghthrowaway99 on Thursday October 29, 2020 @12:21PM (#24932149)
While I agree, restaurants do tend to pick up on this over time because (more issues with Place & Pay) people will complain to the restaurant about food being cold/slow not realizing that the restaurant isn't even involved in the delivery. Sometimes the delivery people make it quite obvious (e.g. drivers are given GH branded credit cards to pay with)
Re:Grubhub sued for listing restaurants without permission by brlewis on Thursday October 29, 2020 @03:30PM (#24934606)
> people will complain to the restaurant about food being cold/slow not realizing that the restaurant isn't even involved in the delivery

By using their name in commerce, restaurants have a trademark.

People complaining to the restaurant about delivery shows that consumers mistook the Place & Pay vendor for the restaurant. This is proof that the trademark was infringed.

I don't see how Place & Pay could survive a court case, or even prolong one.

Re:Grubhub sued for listing restaurants without permission by fbelzile on Thursday October 29, 2020 @12:57PM (#24932567)
> restaurants do tend to pick up on this [fraud] over time

Fixed that for you.

Re:Grubhub sued for listing restaurants without permission by jberryman on Thursday October 29, 2020 @01:02PM (#24932605)
> The restaurant can opt out of this

I was at the bar of a local restaurant when some delivery driver (not sure if GH) came in to pick up an order. The (super busy) server said "we told you we don't want to participate in this...", clearly exasperated at this happening over and over. This is a restaurant that does a lot of catering, where they set the terms/fees.

The driver started trying to "explain" how it's just the same as if he were a real customer and how would she know, etc. It was just gross.

This was a couple years ago.

Re:Grubhub sued for listing restaurants without permission by sumtechguy on Thursday October 29, 2020 @02:13PM (#24933428)
That sounds like a wasted opportunity. Drop a note into the bag with the food. 'hey cut out the middleman call us directly the prices are better!'
Re:Grubhub sued for listing restaurants without permission by Chris2048 on Thursday October 29, 2020 @03:42PM (#24934737)
Don't bother with food, just put rocks in there.
Re:Grubhub sued for listing restaurants without permission by sumtechguy on Friday October 30, 2020 @08:52AM (#24941683)
1 star review 'they put rocks in my food'
Re:Grubhub sued for listing restaurants without permission by Chris2048 on Friday October 30, 2020 @10:01AM (#24942253)
No food, just rocks.
Re:Grubhub sued for listing restaurants without permission by jjk166 on Thursday October 29, 2020 @01:50PM (#24933107)
I get that the restaurant owner was frustrated but this is like giving your waiter a bad tip because your food didn't taste good - you really think the driver has any influence on which restaurants get listed?
Re:Grubhub sued for listing restaurants without permission by jberryman on Thursday October 29, 2020 @02:58PM (#24934171)
I assume they probably don't care about how a random scummy startup works; they want no part in it, including the rigmarole for opting out (if one exists).
Re:Grubhub sued for listing restaurants without permission by kevincox on Thursday October 29, 2020 @02:01PM (#24933231)
No, but if you manage to identify all of these delivery people and refuse them service I bet that they unlist you.
Re:Grubhub sued for listing restaurants without permission by jjk166 on Thursday October 29, 2020 @03:16PM (#24934429)
That's a fairly unreasonable assumption. Odds are the only thing a human at corporate will ever see is "Driver John Doe could not complete delivery, customer complained" Unless purely by chance the same person just so happens to see the same issue with the same restaurant a few times, it's very unlikely that they'ed notice a trend, nonetheless correctly deduce its cause. The person in charge of making sure deliveries get completed is almost certainly not the person handling restaurant partnerships.

Even if someone does eventually notice and takes corrective action, this is far from an optimal way to do it. Given that the server is acting like the drivers should just know that they wanted to be unlisted, it wouldn't surprise me if the "we told you before" means all they did was tell drivers they wanted to opt out and never actually did the opt out procedure.

Re:Grubhub sued for listing restaurants without permission by freeone3000 on Thursday October 29, 2020 @03:41PM (#24934727)
I'm going to start showing up at your house and ringing the doorbell once a day until you follow my opt-out procedure.
Re:Grubhub sued for listing restaurants without permission by jjk166 on Friday October 30, 2020 @10:43AM (#24942727)
If you hire a different kid everyday to ring my doorbell and don't tell them you've been pestering me for weeks, I'm not going to take it out on the kid.
Re:Grubhub sued for listing restaurants without permission by kevincox on Thursday October 29, 2020 @03:48PM (#24934832)
Note I said every. It is very unlikely that you could manage it. But if their success rate for a particular store. dropped to zero I suspect they would notice sooner or later.

I also never said that it is a good way to accomplish this. I'm just pointing out that refusing the driver can be a way to get them to leave.

Re:Grubhub sued for listing restaurants without permission by svrb on Thursday October 29, 2020 @04:03PM (#24935038)
Tell me something: if I'm sick at home, am I allowed to get a friend to go purchase take-out for me? And if I don't have someone who is able to do that for me, am I just supposed to starve?
Re:Grubhub sued for listing restaurants without permission by shadowgovt on Thursday October 29, 2020 @11:08AM (#24931304)
To a first approximation, I can't really see why Place and Pay should be illegal. It's basically paying the neighbor kid to go pick up some dinner for you, writ large.

It "competes" with any delivery service a restaurant runs, but if the restaurant offers takeout at all, it's hard for me to see why the market should care who is doing the taking out.

Re:Grubhub sued for listing restaurants without permission by sathackr on Thursday October 29, 2020 @11:19AM (#24931459)
To me it gets 'shitty' when they do this without disclosure. I have no problem with placing an order with GH and having them place the order for me, but when they masquerade as the restaurant and try to hide that from the customer is where the problem comes in.
Re:Grubhub sued for listing restaurants without permission by nevi-me on Thursday October 29, 2020 @11:53AM (#24931817)
And what happens when orders go wrong?

Last month the grilled chicken place gave me chicken which wasn't grilled. I called them (they have a national call centre), and the store manager called me shortly after, to apologise. Following day they sent me chicken.

Last week I was at a pizza place at night. An angry customer called, they got the other wrong. I listened to the store manager for about 4-6 minutes trying to explain that this was the 3rd-party service that got it wrong.

That service doesn't have an agreement with the store/chain, as they have their own delivery service.

Is the extra admin worth it? I don't think so. It's unethical behaviour from the tech companies.

Re:Grubhub sued for listing restaurants without permission by jschwartzi on Thursday October 29, 2020 @12:45PM (#24932435)
We had the same experience with GH once(and never again as we canceled). The food arrived and was completely inedible. The restaurant sent out a vindaloo that was the most unnatural red color, like they had dumped a bin full of chili flake in it.

Grubhub pointed the finger at the local restaurant, and the local restaurant pointed the finger at GH for not specifying the level of spiciness. In the end the only way to resolve the problem was to do a chargeback because neither merchant would take responsibility. We didn't have the business relationship with the restaurant. So I'll never use GH for anything because when something goes wrong they absolve themselves of responsibility.

And I'm skeptical of any other company that acts as a base middleman like they do.

Re:Grubhub sued for listing restaurants without permission by Chris2048 on Thursday October 29, 2020 @03:44PM (#24934781)
> the only way to resolve the problem was to do a chargeback because neither merchant would take responsibility

I assume that hurt GH?

Re:Grubhub sued for listing restaurants without permission by TuringNYC on Thursday October 29, 2020 @11:59AM (#24931896)
Even worse, then the customer -- thinking the restaurant messed up -- writes a poor Yelp review for the restaurant, not understanding the game of telephone went wrong.
Re:Grubhub sued for listing restaurants without permission by colejohnson66 on Thursday October 29, 2020 @01:26PM (#24932869)
Is it a problem when your friend “misrepresents” that the order is for them? Or is it just a scale thing?
Re:Grubhub sued for listing restaurants without permission by gruez on Thursday October 29, 2020 @11:19AM (#24931442)
> To a first approximation, I can't really see why Place and Pay should be illegal. It's basically paying the neighbor kid to go pick up some dinner for you, writ large.

The service itself isn't illegal, but impersonating the restaurant is.

Re:Grubhub sued for listing restaurants without permission by BurningFrog on Thursday October 29, 2020 @11:19AM (#24931447)
The possibly fraudulent part is that the customers is led to believe they're dealing with the restaurant.
Re:Grubhub sued for listing restaurants without permission by codysan on Thursday October 29, 2020 @12:52PM (#24932518)
This is the crux of the issue, especially when these services are happy to pass the buck when the delivery falls short and blame the restaurant.
Re:Grubhub sued for listing restaurants without permission by Spivak on Thursday October 29, 2020 @03:42PM (#24934736)
I mean it's not fraud to blame your suppliers for problems that are the supplier's fault. It doesn't magically mean you're representing them. My local grocery store was out of tempeh because the factory they buy it from shut down due to a COVID scare. It doesn't mean that I suddenly think my grocery store is speaking as the supplier.
Re:Grubhub sued for listing restaurants without permission by codysan on Friday October 30, 2020 @11:44AM (#24943403)
It certainly feels like fraud if that so-called supplier never agreed to be a vendor in the first place. If the line to check out at the grocery store was 2 hours long, you wouldn't blame the company who packaged the tempeh. If a mobile food order takes 2 hours because it requires someone to act as a proxy for the customer, then the blame should fall on the middleman service.
Re:Grubhub sued for listing restaurants without permission by Spivak on Friday October 30, 2020 @01:09PM (#24944403)
So I don’t really get the issue then. If my business is making custom computers and I buy parts from Microcenter then they’re my supplier whether there’s a business agreement or not. And telling my client that a part they asked for is sold out and so there will be a delay isn’t fraud.

It’s not at all my issue if my client is frustrated at Microcenter because of the delay and it’s not my job to protect their reputation so long as I’m truthful.

If my order is delayed because the driver is stuck at the restaurant waiting for my order because the restaurant hadn’t stated yet then that’s on them. Had I driven there myself I would be just as annoyed.

If my order is delayed because they can’t find a driver or there’s a problem with the ordering then that’s on the delivery company.

Re:Grubhub sued for listing restaurants without permission by codysan on Monday November 02, 2020 @09:33AM (#24968486)
Apologies for the 2 day late reply, I forget to check my comments on HN far too often.

The issue isn't when a restaurant drags their feet with an order, it's when they don't know the order even exists until the courier shows up. So not only do you have to play a game of telephone with your delivery driver placing your order, but that order is only paid for & made once that driver get there.

None of this is clear from the apps I've used. There's no indication whether you're ordering from a restaurant that has a backend receiving orders in realtime or if it's a "place and pay" order. Customers will reasonably think the restaurant is to blame, when it could've very well been the fault of the driver.

Re:Grubhub sued for listing restaurants without permission by avs733 on Thursday October 29, 2020 @12:28PM (#24932248)
because it doesn't SAY place and pay

it says I'm ordering from the restaurant.

it is lying to the customer by misrepresenting the price and performacne of the restaurant. When GH messes up, the implications are rarely for GH, they are for the restaurant which gets a bad review by the customer.

Re:Grubhub sued for listing restaurants without permission by ggoo on Thursday October 29, 2020 @11:14AM (#24931376)
There can be a big difference in time between the people who pickup food and bring it right back to their place and the GH employee who has it sitting in their car for 30 min before he gets to your place. This can make the experience worse and hence hurt the restaurants reputation.
Re:Grubhub sued for listing restaurants without permission by colejohnson66 on Thursday October 29, 2020 @01:29PM (#24932890)
Or when the driver does multiple orders at once. That’s really upsetting. Because I’ll get a notification that the driver is approaching with my order (about a minute away), and then they proceed to drive past my house into a neighborhood 5-10 minutes away, and then come deliver my food 15-20 minutes after it was picked up.

If the driver is going to do multiple orders at once, I should be informed of this.

Re:Grubhub sued for listing restaurants without permission by shadowgovt on Thursday October 29, 2020 @11:17AM (#24931423)
Perhaps there is a case to be made here around how reasonable person principle should be applied, because the defense can argue that only an idiot blames the company cooking the food when the independently-contracted delivery guy is too slow.

If they can hinge a case on whether the reasonable person can tell the difference, there's meat on the bones, but I don't see this case ending with Grubhub's business model being declared illegal (only with clarifications as to how to maintain the reputation protection aspect of trademark against the nominative fair use aspect of trademark).

Re:Grubhub sued for listing restaurants without permission by ggoo on Thursday October 29, 2020 @11:26AM (#24931523)
No lawyer but demonstrating that "only an idiot blames the company cooking the food when the independently-contracted delivery guy is too slow" seems quite challenging, people leave reviews for all kinds of random, unrelated reasons.

I would never make a bet on peoples inability to be idiots.

Re:Grubhub sued for listing restaurants without permission by luckylion on Thursday October 29, 2020 @11:30AM (#24931574)
Especially so when the independently contracted delivery guy impersonates the restaurant. A reasonable person will assume that the website restaurant-xyz.com connects them to the restaurant xyz and if they place an order, they are placing an order with that restaurant, not an independent contractor.
Re:Grubhub sued for listing restaurants without permission by nogabebop23 on Thursday October 29, 2020 @12:15PM (#24932069)
Hey, if it's just fast food why does the market even care who prepares it? How long till these food "delivery" services just capture all the addressable market masquerading as a bunch of uninformed, non-participating restaurants and make the food they deliver? Why are they leaving all this extra margin on the table?
Re:Grubhub sued for listing restaurants without permission by TeMPOraL on Thursday October 29, 2020 @12:50PM (#24932495)
Pizza is not fast food. And every pizza place makes their pies differently. They're not completely commodified, at least not for people ordering regularly.

As for actual fast food, while the process is optimized to the extent possible, that optimization usually involves the restaurants having their own supply chain of specific ingredients. Grubhub would have to gain access to the same ingredients to successfully impersonate chain restaurants.

What I can see them doing is just launching 100 different fast food brands selling the same food cooked in the same dark megakitchen, because why not, DDoSing consumer choice with fake brands is par for the course these days.

Re:Grubhub sued for listing restaurants without permission by ska on Thursday October 29, 2020 @01:07PM (#24932670)
> Pizza is not fast food.

Some pizza is not fast food.

Re:Grubhub sued for listing restaurants without permission by _jal on Thursday October 29, 2020 @12:47PM (#24932450)
"The market" doesn't have opinions any more than "the environment" does.

Market participants all care for different reasons.

As far as assuming the business identities of "non participating" restaurants, that sort of thing has a long history - it is a favorite of various organized crime rings.

So in that sense, it does seem a natural fit for GH.

Re:Grubhub sued for listing restaurants without permission by heavyset_go on Thursday October 29, 2020 @01:50PM (#24933117)
This is what Pasqually's/Chuck E Cheese does[1].

[1] https://www.businessinsider.com/diners-discover-that-pasqual...

Re:Grubhub sued for listing restaurants without permission by gangstead on Friday October 30, 2020 @09:24AM (#24941950)
They'd rather just run the last delivery step and suck up all the profits. Let the sucker restaurant owners assume all the cost of setting up operation and crafting a menu only to run it on no margins.
Re:Grubhub sued for listing restaurants without permission by Chris2048 on Thursday October 29, 2020 @03:43PM (#24934757)
> It's basically paying the neighbor kid to go pick up some dinner for you

Except you know what your are doing. It isn't clear GH customers do.

Re:Grubhub sued for listing restaurants without permission by balls187 on Thursday October 29, 2020 @11:46AM (#24931744)
I do appreciate your candor, however it is clear that GH engages in "kinda shitty" business practices.
Re:Grubhub sued for listing restaurants without permission by codysan on Thursday October 29, 2020 @12:46PM (#24932441)
FWIW, Postmates has been doing these "Place & Pay" orders since ~2012. A courier for Postmates was more akin to someone taking orders from an app like Favor/TaskRabbit than a purpose-built restaurant delivery service.
Re:Grubhub sued for listing restaurants without permission by mring33621 on Thursday October 29, 2020 @02:11PM (#24933408)
I think it shows courage for a non-PR employee to participate in a conversation like this.

Thank you!

Re:Grubhub sued for listing restaurants without permission by itronitron on Thursday October 29, 2020 @01:15PM (#24932766)
reminds me of the pizza arbitrage article and discussion from a few months ago...

https://news.ycombinator.com/item?id=23216852

https://themargins.substack.com/p/doordash-and-pizza-arbitra...

Re:Grubhub sued for listing restaurants without permission by sida on Thursday October 29, 2020 @01:31PM (#24932918)
why is DD not getting sued? Why is grubhub the one getting sued?
Re:Grubhub sued for listing restaurants without permission by nevi-me on Thursday October 29, 2020 @11:43AM (#24931708)
Why play an ad when you can provide bad service, and so ruin their reputation; like they might be with restaurants?

I stopped using Uber Eats and local alternatives here in South Africa, because I learnt on a day where they provided poor service; that they charge up to 50% more than the restaurant, all (3 services) have the exact pricing (collusion?), and still pay their drivers terribly.

They kill restaurants' delivery businesses, which although fragmented, offer better service overall, and are much cheaper + accountable if an order goes wrong.

GrubHub being opaque might be making people write off a lot of places. "I won't eat here, they got my takeout order wrong twice before".

Re:Grubhub sued for listing restaurants without permission by heliodor on Thursday October 29, 2020 @10:53AM (#24931100)
Grubhub is taking a deliberate action misrepresenting the restaurant and that action is harming the restaurant (in more ways than one). I imagine they can make a successful case but it's going to be a long expensive fight.
Re:Grubhub sued for listing restaurants without permission by 8note on Thursday October 29, 2020 @12:24PM (#24932189)
If you want fraud/misrepresentation, Postmates puts up incorrect menus and accept orders on things the restaurant doesn't even make
Re:Grubhub sued for listing restaurants without permission by pwinnski on Thursday October 29, 2020 @12:59PM (#24932578)
This is a tough issue in the abstract, because information wants to be free, right?

But there seems to clearly be something like fraud going on, and the involuntary nature of restaurants perceived to be participating is... weird.

Re:Grubhub sued for listing restaurants without permission by oftenwrong on Thursday October 29, 2020 @04:55PM (#24935732)
>Companies like Grubhub list restaurants on their site/app, but put the wrong phone number on it- one that goes to their own people instead.

Slice does something similar. They set up fraudulent websites for local pizzerias, so they can direct people to order through their app:

https://news.ycombinator.com/item?id=23346971

Re:Grubhub sued for listing restaurants without permission by butterfi on Thursday October 29, 2020 @02:43PM (#24933956)
I solve this issue by never using Grubhub and calling restaurants directly. I'm here to support restaurants, not Grubhub.
Re:Grubhub sued for listing restaurants without permission by daveoc64 on Thursday October 29, 2020 @02:47PM (#24934019)
The complaint of many is that Grubhub gets its own number listed on many services such as Google Maps, so that you are tricked into thinking that their number is the restaurant.
Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @10:55AM (#24931128)
> That's clearly some kind of fraud or misrepresentation.

I don't really understand this point of view.

They're saying you'll get food from restaurant X. That's exactly what you do get, at the price you agreed.

I can't conceive how that's fraud or misrepresentation?

Re:Grubhub sued for listing restaurants without permission by sschueller on Thursday October 29, 2020 @11:00AM (#24931183)
When you click on a number to call the restaurant and not the restaurant answers it is fraud if the restaurant did not agree on that.

Doesn't matter if you end of providing the exact same service.

What if I picked up calls going to Apple and all I did was transfer you to the correct person. You are still getting the same service if you called Apple directly but its not legal because Apple did not give me permission to impersonate them.

Or what if a private entity picked up your call to 911?

Re:Grubhub sued for listing restaurants without permission by happyrock on Thursday October 29, 2020 @11:04AM (#24931239)
Correct. Also imagine if I, acting as this middleman, captured some data about you (say your phone number) before patching you through to Apple and used that to build a database. Are folks okay with that? I'm certainly not.
Re:Grubhub sued for listing restaurants without permission by nobody9999 on Thursday October 29, 2020 @12:06PM (#24931977)
>What if I picked up calls going to Apple and all I did was transfer you to the correct person. You are still getting the same service if you called Apple directly but its not legal because Apple did not give me permission to impersonate them.

You're missing the part about how GrubHub, et. al don't just pass you along, they charge 12-30% "commission" just for forwarding the call -- and they set up the fake number just so they could do so.

Re:Grubhub sued for listing restaurants without permission by RandallBrown on Thursday October 29, 2020 @01:55PM (#24933175)
Affiliate links work the same way. Are those also fraud?
Re:Grubhub sued for listing restaurants without permission by nobody9999 on Thursday October 29, 2020 @02:42PM (#24933946)
>Affiliate links work the same way. Are those also fraud?

IIUC, Affiliate marketing is when an online retailer pays you a commission for traffic or sales generated from your referrals.

That's not fraud or misrepresentation.

In the case of Grubhub, et. al, fake phone numbers, they aren't recommending a restaurant. They are claiming that the phone number is the restaurant. Those who call that number aren't clicking an ad because the "affiliate" promoted it. They are calling that number because they'd already decided to contact that particular restaurant, but were redirected to another entity -- with a monetary interest that harms the restaurant -- that doesn't disclose their third-party status.

And that's certainly at least unethical, if not outright fraud.

Re:Grubhub sued for listing restaurants without permission by jfim on Thursday October 29, 2020 @02:26PM (#24933657)
No, because affiliates are participating in an affiliate program with the consent of the business.
Re:Grubhub sued for listing restaurants without permission by RandallBrown on Thursday October 29, 2020 @02:32PM (#24933772)
The phone number thing is also only affiliated businesses. There would be no way to charge them if they weren't.
Re:Grubhub sued for listing restaurants without permission by nobody9999 on Thursday October 29, 2020 @02:48PM (#24934038)
>The phone number thing is also only affiliated businesses. There would be no way to charge them if they weren't.

Charge them for what? When a customer uses the GrubHub site/app to place an order, they are explicitly choosing Grubhub to service that order.

If I choose to call a restaurant rather than use the GrubHub site/app, I'm explicitly choosing to deal with the restaurant directly. As such, GrubHub isn't entitled to an "affiliate referral" fee.

When a website and/or phone number claims to be an entity that it is not, and does not disclose that fact to the customer, then charges a fee based on that deception, that's fraud.

Re:Grubhub sued for listing restaurants without permission by RandallBrown on Thursday October 29, 2020 @07:48PM (#24937481)
You're searching on Grubhub and then calling through their app or website. If that isn't a referral, I'm not sure what is.
Re:Grubhub sued for listing restaurants without permission by nobody9999 on Thursday October 29, 2020 @08:29PM (#24937801)
>You're searching on Grubhub and then calling through their app or website. If that isn't a referral, I'm not sure what is.

No. You're searching DDG or Google or Bing and a website for the restaurant comes up.

It says it's the restaurant. It has the menu and the phone number. But it's not the actual phone number of the restaurant. Nor is the website set up or endorsed by the restaurant.

Both are owned and controlled by a third party (in this case, GrubHub) which claims to be the restaurant, and by virtue of SEO-spamming the site to the top of the search results, you get that site instead of that of the actual restaurant.

I'm trying to decide whether or not you're ignorant or just being deliberately obtuse. Care to settle the controversy?

Re:Grubhub sued for listing restaurants without permission by RandallBrown on Thursday October 29, 2020 @01:54PM (#24933157)
My understanding of the phone numbers is different than how you're saying it works.

The calls are forwarded so that Grubhub knows about them (and can get commission), but the customer that still talks to the actual restaurant.

Re:Grubhub sued for listing restaurants without permission by SilasX on Thursday October 29, 2020 @11:00AM (#24931188)
Here they’re going beyond that and saying, “Bill’s Eatery. Phone number: 555-...”, which a reasonable person would think was the restaurant’s number, not a grubhub number.
Re:Grubhub sued for listing restaurants without permission by nogabebop23 on Thursday October 29, 2020 @12:21PM (#24932154)
GrubHub is taking over the relationship between the customer and the restaurant without either of those parties being aware of it. This is clearly a deceptive practice, and now GrubHub influences the customer's perception of the restaurant. Examples of conclusion(cause):

* That place is expensive (GrubHub sets the price which can be higher than the restaurant) * That place screwed up my order (GrubHub's game of telephone made an error) * That place is so slow (The now multi-step transaction slowed down the process)

>> They're saying you'll get food from restaurant X.

They're actually failing to say this, so the reasonable interpretation is "We ARE restaurant X" which is the fraudulent representation at the heart of the case here.

Re:Grubhub sued for listing restaurants without permission by LandR on Thursday October 29, 2020 @11:08AM (#24931309)
WHat if the delivery person that grubhub uses is useless and the regular delivery person that Restaurant X uses isn't.

YOu can end up getting poorly delivered cold food from GrubHub and make restaurant X look bad.

Restaurant X might end up having a load of disappointed customers, reduced custom and have no idea why. They dont know there is actually now a middle man they didn't agree to between them and their customer.

Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @11:15AM (#24931402)
You’re attacking the first sale doctrine here though if you think about it!
Re:Grubhub sued for listing restaurants without permission by icebraining on Thursday October 29, 2020 @12:10PM (#24932018)
First-sale doctrine doesn't allow you to impersonate other companies. Nobody is saying Grubhub can't resell meals, they just have to be clear it's them who are doing the selling.
Re:Grubhub sued for listing restaurants without permission by vageli on Thursday October 29, 2020 @12:17PM (#24932097)
> You’re attacking the first sale doctrine here though if you think about it!

I can sell a Mac but can't hold myself out as a representative of Apple.

Re:Grubhub sued for listing restaurants without permission by tartoran on Thursday October 29, 2020 @11:24AM (#24931508)
We're talking about cooked food here though, not sure if it applies
Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @11:31AM (#24931579)
Well I think first sale is IP so I didn’t mean it literally but I don’t get why anyone would be advocating for allowing manufacturers to be able to control what you can do with your property.

When it’s Apple suddenly everyone argues the opposite!

Re:Grubhub sued for listing restaurants without permission by edmundsauto on Thursday October 29, 2020 @02:24PM (#24933622)
First off, food is different than technology. There are safety issues that are regulated differently. Can you think of any instances in the prepared food space that support your argument?

Second, I think the impersonation is the biggest issue. At a minimum, that sounds like trademark infringement; at maximum, that sounds fradulent.

IANAL and am just a dog on the internet, so grains of salt the size of Jupiter. But I don't think the comparison to non-prepared food industries are at all relevant.

Re:Grubhub sued for listing restaurants without permission by pc86 on Thursday October 29, 2020 @11:07AM (#24931286)
> They're saying you'll get food from restaurant X.

That's not what they're saying. They're saying that you're contacting the restaurant, which you're not.

Re:Grubhub sued for listing restaurants without permission by akiselev on Thursday October 29, 2020 @11:02AM (#24931215)
Because when people don't get exactly what they want, they blame the restaurant instead of the Grubhub employees who messed up. The restaurant loses business, grubhub makes a quick buck.

It's at the very least a trademark violation, this is exactly what trademarks were set up to prevent.

Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @11:06AM (#24931269)
You’re allowed to use a trademark to factually describe a product. If I have legitimately bought an iPhone and I’m offering to resell it to you I can use the iPhone trademark to do that.
Re:Grubhub sued for listing restaurants without permission by robjan on Thursday October 29, 2020 @11:35AM (#24931625)
You're not, however, allowed to list your phone number as the number for the Apple Store and start taking orders on their behalf.
Re:Grubhub sued for listing restaurants without permission by ska on Thursday October 29, 2020 @01:11PM (#24932727)
Because they fail to make clear that you are ordering from them, not the restaurant. With all that implies about responsibility about pricing, if there is an issue with the order, etc.
Re:Grubhub sued for listing restaurants without permission by wushupork on Thursday October 29, 2020 @02:03PM (#24933255)
This would be the most awesome troll of SV startups. Own the directory of help for all SV tech companies and create an AdSense for that.
Re:Grubhub sued for listing restaurants without permission by acoard on Thursday October 29, 2020 @10:48AM (#24931035)
Unless I'm missing something, the substantive difference hereis that GrubHub is still ordering from the restaurant that the customer is ordering from.

Your comparison of pretending to offer GrubHubHelp but then going to competitors is like if I ordered McDonalds, and you brought me pasta.

I don't see anything intrinsically wrong with what GrubHub is doing, but I could see them needing to clearly note the relationship. There are lots of personal shopping/delivery services which phone in orders and go pick something up without having a pre-existing relationship with the restaurant.

Re:Grubhub sued for listing restaurants without permission by tartoran on Thursday October 29, 2020 @10:55AM (#24931126)
> I don't see anything intrinsically wrong with what GrubHub is doing, but I could see them needing to clearly note the relationship. There are lots of personal shopping/delivery services which phone in orders and go pick something up without having a pre-existing relationship with the restaurant.

The problem is that Grubhub is not asking permission to list the business on their site and it borders on abusive behavior. The said business may have an ordering system already or a phone number to order because they simply don't to share a hefty cut with Grubhub. Why they don't simply ask for permission? Because some restaurants wouldn't give it and Grubhub forces their hand. I think this is what this lawsuit is about.

Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @10:57AM (#24931150)
> The problem is that Grubhub is not asking permission

But nothing says they have to as far as I know? Do you have to ask permission from an author before you resell a book you own?

> because they simply don't to share a hefty cut with Grubhub

They don't have to share a cut in this case. The restaurant still gets the full retail price that they set. Grubhub marks up on top of that or takes it as a loss as I understand.

> Why they don't simply ask for permission?

They don't want to. Do they need any more reason than that?

Re:Grubhub sued for listing restaurants without permission by JoeAltmaier on Thursday October 29, 2020 @11:02AM (#24931221)
Yes they have to ask for permission to present themselves as an agent of the company, which they do when they present their own phone number as the restaurant phone number. So I imagine the lawsuit will have many legs to stand on.

This is business, which has many rules. Its not just 'do whatever you like as long as it makes money'.

Re:Grubhub sued for listing restaurants without permission by nobody9999 on Thursday October 29, 2020 @11:15AM (#24931394)
>Yes they have to ask for permission to present themselves as an agent of the company, which they do when they present their own phone number as the restaurant phone number. So I imagine the lawsuit will have many legs to stand on.

Except they don't. In fact, they register domain names and set fake websites that say they are the restaurant when they're not. They set up phone numbers that route through Grubhub/Seamless and charge their outrageous commissions even for pickup orders.

While there are many places where delivery services are useful, in places where delivery was already ubiquitous (e.g., NYC), the high commission fees and deceptive practices have forced many low and mid-priced restaurants to close because orders through these services take all their profit and a bunch more, making businesses that had been profitable for years or even decades unprofitable and forcing them to close their doors.

Aside from reducing the number and diversity of restaurants, sucking profit out of such transactions that are way beyond any value provided will also end up costing consumers (that's you) more too.

cf: https://www.theverge.com/2019/6/28/19154220/grubhub-seamless... https://www.theverge.com/2020/5/15/21260609/grubhub-phone-ca... https://www.eater.com/2019/8/6/20756799/yelp-grubhub-phone-n...

Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @11:04AM (#24931244)
Are they claiming to be the restaurant? Or just saying you can phone this number and get the advertised product, which is true?
Re:Grubhub sued for listing restaurants without permission by nobody9999 on Thursday October 29, 2020 @11:33AM (#24931601)
>Are they claiming to be the restaurant? Or just saying you can phone this number and get the advertised product, which is true?

Here's an example. The site linked (menupages.com) is owned by Grubhub/Seamless. The telephone number is not the actual phone number of the restaurant, and attempting to order through this site gives no hint that you're using Grubhub/Seamless.

https://menupages.com/tropical-sensation/953-amsterdam-st-ne...

While search engines seem to have backed off putting GrubHub's fake websites near the top of searches, this has been a widespread practice by them for a long time[0]:

"The company has registered a lot of fake websites. GrubHub has registered either a bit more than 23,000 websites, according to the New Food Economy, or 34,000 over the last nine years, per the New York Post’s report. The last domain GrubHub registered was in May, when the Post detailed the company’s practice of creating phone numbers for restaurants in order to drive up its own sales."

[0] https://www.grubstreet.com/2019/07/everything-you-need-to-kn...

Re:Grubhub sued for listing restaurants without permission by shermheadryder on Thursday October 29, 2020 @11:06AM (#24931278)
> Yes they have to ask for permission to present themselves as an agent of the company

That's not necessarily true (yet), that's literally what this legal case is about.

Re:Grubhub sued for listing restaurants without permission by duskwuff on Thursday October 29, 2020 @12:47PM (#24932449)
No, that is already true under existing law. Presenting yourself falsely as an agent of a company, and profiting from that, is fraudulent misrepresentation.
Re:Grubhub sued for listing restaurants without permission by pc86 on Thursday October 29, 2020 @11:06AM (#24931265)
In your book example, I am buying a book from you. A better example would be you buy search ads for the author's name, create a website with a button "Contact the author" which goes to you, and then you sell me the book.
Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @11:08AM (#24931299)
And I’m buying the food from GrubHub who buy the food from the restaurant. Like if I buy a book from a bookshop who buy it from the publisher.
Re:Grubhub sued for listing restaurants without permission by throw_m239339 on Thursday October 29, 2020 @11:21AM (#24931483)
> A Like if I buy a book from a bookshop who buy it from the publisher.

No it is not the same, because there is no business agreement between Grubhub and the restaurant here unwilling and unaware restaurants aren't "kitchens" working for Grubhub.

Grubhub wouldn't dare pulling that stunt with McDonalds or BurgerKing and list their products, use their corporate identity and sandwich pictures without an agreement or striking a deal before hand.

They are preying on smaller restaurants because they know it's harder for the little guy to fight back, it's the very definition of predatory behaviour. You just don't see anything wrong with that.

Re:Grubhub sued for listing restaurants without permission by chrisseaton on Thursday October 29, 2020 @11:24AM (#24931509)
> because there is no business agreement between Grubhub and the restaurant

You don’t need an agreement to resell product that you have purchased.

Or is everyone on HN now suddenly in favour of scrapping the first sale doctrine and allowing manufacturers to control if you can resell your property?

Madness. If GrubHub are able to buy the product they should be able to resell it.

Re:Grubhub sued for listing restaurants without permission by throw_m239339 on Thursday October 29, 2020 @11:33AM (#24931594)
> You don’t need an agreement to resell product that you have purchased.

You are ignoring 80% of my argumentations to make your sophistic point, and then complaining "about everyone on HN", you're just being disingenuous.

We're talking about prepared food here (and potentially fraud), not books. And you talk to me about "first sale doctrine" in relation to prepared food claiming everybody here is ignorant?

Re:Grubhub sued for listing restaurants without permission by ska on Thursday October 29, 2020 @01:17PM (#24932782)
Approximately nobody thinks that grubhub shouldn't be able to resell the food.

However they should be very clear that this is what they are doing, and that issues with the food are now their responsibility.

We wouldn't be having this conversation if GH/Uber/etc. were clearly advertising "Call us at xxx-xxx-xxxx, we'll order takeout for you and deliver it".

If they pick up the phone when you call and say "This is grubhub, how can we help you?" we'd be in different territory.

As soon as you make it ambiguous about who you are ordering from, this is an issue of misrepresentation. Even if it does apply, first sale doctrine is a red herring.

Re:Grubhub sued for listing restaurants without permission by triceratops on Thursday October 29, 2020 @04:08PM (#24935102)
The difference is you know you're buying from the bookshop and not from the publisher. And the publisher knows the bookshop is selling the books under its own name, not free-riding on the publisher's name and brand recognition.

Lots of people have already explained this to you on many different comment threads in many different ways.

Re:Grubhub sued for listing restaurants without permission by shadowgovt on Thursday October 29, 2020 @11:15AM (#24931399)
Why should they need to ask for permission?

Businesses operate in the public sphere; they have physical addresses and show up in business listings, so their locations and info aren't private. The use of the logo for commercial purposes could be a concern; I could see an argument perhaps saying that the businesses should have more control over their trademarked property in the sense that there could be confusion of whether they're working with Grubhub (they're certainly not endorsing Grubhub).

But apart from that, use of the business's information (including name) to describe what restaurants Grubhub will pick up from is nominative fair use. If I make a list of "businesses in my home town," McDonald's can't use trademark law to keep their name off my list. Same deal here.

Re:Grubhub sued for listing restaurants without permission by acdha on Thursday October 29, 2020 @01:08PM (#24932686)
Again, it’s misrepresentation: if they had a website and phone staff who made it very clear that they were unaffiliated with the listed business they would not be getting sued any more than a travel agent gets sued for buying airline tickets.
Re:Grubhub sued for listing restaurants without permission by ChrisMarshallNY on Thursday October 29, 2020 @11:11AM (#24931342)
The biggest issue, that we have around here, is that GH, and a few other outfits, SEO-spam their listings, sometimes, using branding elements taken directly from the restaurant's sites, and force themselves to the top of searches.

If there are any issues with the order, I guarantee that GH does a quick dash for the door, leaving the restaurant holding the bag. The problem may have occurred anyway, but the customer was actually GH, not the person who called GH.

GH made a sale, got a commission, then didn't have to stand behind their sale.

It may not be illegal, but it is not-nice.

Re:Grubhub sued for listing restaurants without permission by acdha on Thursday October 29, 2020 @10:59AM (#24931165)
It’s still misrepresentation - would you really be okay with me putting up a bunch of pages pretending to be you with your name, photo, CV, etc. on the claim that’ll I’ll pass along any messages?

Now remember that GrubHub is doing this to make money, so I’ll take 30% off of all receipts before I kick the actual work over to you.

Oh, and GrubHub and UberEats like to do this to see which markets are the most profitable so I’ll be using your customer’s questions and orders as the basis for the ghost shop which will be undercutting you.