NEW YORK (Legal Newsline) — An individual is suing Postmates in a class action lawsuit alleging that it charged more than it claimed and failed to uphold its delivery guarantee.
Jamie Feld, as an individual and on behalf of all others similarly situated filed a complaint on in the United States District Court for the Southern District of New York against Postmates Inc., alleging violation of New York's General Business Law, unjust enrichment.
The plaintiff downloaded the defendant's application as she believed that it could deliver anything anytime anywhere, which is what the defendant claims, the suit says.
However, the defendant's claims were not accurate, leading to the damage of the plaintiff, the suit says. The defendant has both a delivery and service fee, the latter of which is a hidden fee that is not clearly advertised, the suit claims.
The plaintiff would not have downloaded the defendant's app had she known that the claims about delivery were false and that the service fee was a part of the service, the suit says.
The plaintiff is seeking trial by jury, equitable relief, order certifying the action as class action, restitution of all monies wrongfully obtained, actual and punitive damages, attorneys' fees, court costs and relief deemed fit. The plaintiff is represented by Matthew N. Bobrow in New York.
United States District Court for the Southern District of New York Case number 1:19-CV-03899