[HN Gopher] California law bans delivery apps from listing a res...
       ___________________________________________________________________
        
       California law bans delivery apps from listing a restaurant without
       an agreement
        
       Author : supernova87a
       Score  : 981 points
       Date   : 2021-01-01 08:49 UTC (14 hours ago)
        
 (HTM) web link (leginfo.legislature.ca.gov)
 (TXT) w3m dump (leginfo.legislature.ca.gov)
        
       | foobar1962 wrote:
       | There was a post a few months go about a pizza place that started
       | getting customers complaining about their food arriving cold and
       | damaged: except they didn't offer delivery. They discovered that
       | a popular search engine was offering free delivery. The story
       | ended with them ordering dozens of pizzas from themselves to
       | themselves and making a nice profit.
        
         | 29athrowaway wrote:
         | Reminds me of the story of Don Johnson, a professional
         | blackjack player who made $6,000,000 in one night.
         | 
         | Because he is a known high stakes player, the Tropicana casino
         | in Atlantic City invited him over and gave him a discount
         | ("loss rebate") on chips.
         | 
         | Because of this 10% rebase on loss, even when his blackjack
         | win-rate was below 50%, he would still make more money that
         | what he lost.
         | 
         | https://www.theatlantic.com/magazine/archive/2012/04/the-man...
        
         | joubert wrote:
         | The story:
         | https://www.theverge.com/2020/5/18/21262316/doordash-pizza-p...
        
         | dogma1138 wrote:
         | How did they made a profit off this?
        
           | foobar1962 wrote:
           | They delivered pizza base with no toppings. The base was just
           | so the boxes weren't empty.
           | 
           | EDIT and Doordash got the price wrong (I forgot about that).
        
           | [deleted]
        
           | ljm wrote:
           | Doordash priced the pizza at $16, but the pizza place charged
           | $24. Presumably a 'growth hack' to get more users.
           | 
           | The pizza place, seeing the difference, bought pizzas for $16
           | and received $24 from Door Dash, so for each purchase they
           | were $8 better off.
           | 
           | They also ordered plain pizza dough in larger quantities, for
           | more profit. Presumably because they didn't have to actually
           | make the full pizza.
        
             | frombody wrote:
             | Technically they didn't have to make any pizzas at all.
             | 
             | I always felt like the story about the dough was
             | embellished a little bit to avoid being charged with fraud.
        
               | Slartie wrote:
               | They had to produce something that could legally be
               | called a pizza to at least fulfill the purchase contract
               | with DoorDash and avoid making themselves legally liable.
               | 
               | But what would probably have worked would be to pull this
               | off with two restaurants, each ordering pizzas from the
               | other, with them sending the same physical pizzas around
               | all the time. Cold and old pizza is still legally a
               | pizza, just a bad one.
        
               | ashtonkem wrote:
               | They have to claim that they made something that met the
               | definition of pizza, but with the "buyer", driver, and
               | store colluding they could just lie.
        
               | Slartie wrote:
               | The first buyer is DoorDash however, and if they somehow
               | want to take vengeance on you after you managed draining
               | their funds in an otherwise perfectly legal way, they
               | might just use the non-fulfillment of their initial
               | purchase contracts as a wedge to take you to court (of
               | course this assumes they somehow learned about that
               | detail of your plan). I don't know if they would have any
               | luck with that, but it's easy to prevent this from
               | happening by actually delivering something that's
               | basically a minimally viable pizza.
        
               | Balgair wrote:
               | Reading through the article again, it is strongly implied
               | that a _lot_ of stores may have a similar arbitrage issue
               | and the DD os getting taken to the cleaners over it. That
               | and I don 't think there are any legal issues over this
               | as there were no contracts signed. If anything DD is the
               | one in legal trouble over it.
        
               | rainbowzootsuit wrote:
               | That reminds me of the Raines sandwich. "Minimum viable
               | sandwich"
               | 
               | https://www.atlasobscura.com/articles/raines-sandwich
               | 
               | So this is "Minimum viable pizza"
        
               | rrjjww wrote:
               | Before clicking on this I thought it was going to be
               | about Cuomo's order in this summer that all restaurants
               | offering drinks had to be served with food. I went to at
               | least a couple outside bars that were serving half a
               | piece of white bread with a slice of American cheese on
               | it for your "meal"
        
               | Mokosha wrote:
               | They could simply make a single pizza, and then deliver
               | it to themselves N times.
        
             | dogma1138 wrote:
             | That makes more sense than someone just offering a free
             | delivery.
        
             | mrweasel wrote:
             | How would is that ever going to work long term? Most pizza
             | places I frequent offer free delivery, or very cheap
             | delivery once you get pizza for two people. The "growth
             | hack" will never work when you compete with your supplier.
             | 
             | Even if this was somehow going to work, once Doordash has
             | pushed others out of the market, then they would need to
             | raise the price significantly, pushing many to just do
             | pickup themselfs.
             | 
             | More suprising, to me, is that it was ever legal to list
             | resturants without and opt in.
        
           | [deleted]
        
           | [deleted]
        
           | josefx wrote:
           | The goal is to kill the competition, no local delivery
           | service can compete with a few million in VC funding. Once
           | you are the only delivery in town you can raise the prices
           | all you want and force the local restaurants into one sided
           | deals on your terms. It also has a rather questionable
           | legality
        
             | jimmaswell wrote:
             | > no local delivery service can compete with a few million
             | in VC funding
             | 
             | A simple ordering form on the restaurant's own website
             | always gets preference from me and seems to usually end up
             | being the first result on Google/Google Maps.
        
               | jiofih wrote:
               | No, part of the problem here is that the big delivery
               | company will always win in SEO.
        
               | jimmaswell wrote:
               | It doesn't in my experience. Google Five Guys near you,
               | the actual first result ignoring ads will almost
               | certainly be their website or even its order form. Same
               | for every local restaurant with an order form I've tried
               | it on.
        
               | kaslai wrote:
               | A lot of "local restaurant order forms" are actually
               | sites set up by the likes of GrubHub, Uber Eats, etc. Not
               | all of them, but it's one of the sneaky ways they use to
               | insert themselves.
        
               | retrac wrote:
               | But people like you and me are in the minority.
               | 
               | Most young people I know, when they want to order
               | takeout, go directly to their preferred delivery service
               | on their smartphone, select from what comes up, and
               | consider nothing else.
        
             | ashtonkem wrote:
             | It's not clear how that'll work in the long run, since
             | there's no protective moat to protect GrubHub once they've
             | outspent their competitors. Pizza companies can re-hire
             | delivery drivers if GrubHub tries to charge monopoly
             | prices, and the bigger chains are fully capable of making
             | their own ordering apps.
             | 
             | At this point I currently order my takeout through at least
             | 3 separate small competitors to GrubHub. That these exist
             | while GrubHub is still trying to use VC funding to push
             | everyone out of the market makes me doubt that they'll be
             | able to recoup their investment without new competitors
             | arriving.
        
             | tt433 wrote:
             | When it's goods and not services (delivery is the service
             | here, I guess, not the food as a good), usually it's termed
             | dumping, and I'm fairly sure it's illegal. I don't know if
             | that language ever gets used for services.
        
         | amingilani wrote:
         | Similar story but with Door Dash. Explanation: Door Dash
         | charged lower than actual price, so owner placed an order and
         | sent just plain dough. Their profit was higher than cost of
         | making the pizza.
         | 
         | https://themargins.substack.com/p/doordash-and-pizza-arbitra...
        
           | 1-6 wrote:
           | Now that's what I call making dough!
        
           | bshep wrote:
           | for even more profit become a doordash driver and exclusively
           | 'deliver' these pizzas.
        
         | powerapple wrote:
         | lol. That's nice. I can see from the trademark point of view,
         | it makes sense to stop other people from listing your business
         | in their list, brands should be protected. But providing a
         | service for customer should be legal. It would be the same as
         | Taxi drivers should be able to pick you up from your home to a
         | business without the permission of the business.
        
           | minot wrote:
           | But I bet I can't start a taxi service and call it Uber
           | Shuttle Service for job applicants and build a website with
           | Uber logo, phone number, and everything and when job
           | applicants call me I pretend to be Uber?
           | 
           | Hey why stop there? maybe I can ask the job applicants for
           | their personal information letting them believe they are
           | talking to Uber and if they look like good candidates, I can
           | build a website with information I gathered from them and
           | start my own employment agency, call it quadruple bites or
           | something and then call FAANG companies and offer to place
           | candidates...
           | 
           | I think a big part of the problem is the
           | misrepresentation/false advertising.
           | 
           | However, the goal I think is more sinister. For example, I
           | believe Walmart decides how much it wants to pay suppliers
           | who want to have their stuff sold at Walmart. If a delivery
           | app is big enough, it can dictate the prices and terms of
           | sale with a restaurant and demand deep discounts and forbid
           | restaurants from making the deal public. The challenge is how
           | does a delivery app become big enough to do that? Feels like
           | a chicken and egg problem.
        
             | powerapple wrote:
             | Yes. That's unfortunately how internet business work these
             | days, use 'strategy' to dominate the market, and it has the
             | power to dictate terms and profit from it. Although Walmart
             | market dominance are protected with the shops and locations
             | they own, apps such as Uber or Doordash where it is mainly
             | a utility, the market dominance is not protected in any
             | way. Once they start to charge more to make a profit,
             | consumer can always go for an alternative app for it.
        
           | paranoidrobot wrote:
           | The difference between what delivery services like Doordash
           | and what Taxi companies are doing is that Doordash is holding
           | themselves out to _be_ the company.
           | 
           | There's several instances where Company A has had Service
           | Provider B set up a website in the name of Company A, update
           | Google Listings to replace the Phone number and website of
           | Company A with their own version of the site.
           | 
           | Then when an unwitting customer calls the number given,
           | they're actually talking to Service Provider B, not Company
           | A.
           | 
           | Taxi services don't hold themselves out as the personal
           | driver service for the company you're going to.
        
             | powerapple wrote:
             | I totally agree with you. The business of Doordash should
             | be legal while the exact practices you described above are
             | illegal.
        
               | RHSeeger wrote:
               | The problem is how to allow the former while preventing
               | the latter, in a way that is reasonable for small
               | businesses.
        
               | alisonkisk wrote:
               | Just prosecute the fraudulent misrepresentation of the
               | restaurant.
        
               | balls187 wrote:
               | Lawsuits aren't cheap both in terms of time and money.
        
               | pseudalopex wrote:
               | The state prosecutes crimes.
        
               | balls187 wrote:
               | Not if there isn't a law that is being broken.
        
               | gwright wrote:
               | You mean like "fraudulent misrepresentation"?
        
       | ecf wrote:
       | What's exactly the issue here?
       | 
       | In my eyes, I'm paying for a service that does the ordering as
       | well as delivery of food.
       | 
       | What's the difference between me calling in and having to
       | physically drive to a location to pick it up and doordash doing
       | the ordering on my behalf and then having one of their drivers
       | get it for me?
        
       | roenxi wrote:
       | This is a silly law. If someone feels like sending a courier to
       | buy take away then that should be legal.
        
         | ratww wrote:
         | The problem is not sending a courier. You can use Apps to send
         | someone there without a problem.
         | 
         | The problem is them impersonating the restaurant and giving
         | customers the impression that the restaurant is offering the
         | delivery service themselves.
        
           | throwawaysea wrote:
           | Someone else posted the below excerpt of the law that also
           | prohibits couriers (who are not impersonating anyone) unless
           | they have permission from the restaurant. That seems like a
           | ridiculous restriction to me.
           | 
           | > 22599. A food delivery platform shall not arrange for the
           | delivery of an order from a food facility without first
           | obtaining an agreement with the food facility expressly
           | authorizing the food delivery platform to take orders and
           | deliver meals prepared by the food facility.
        
             | ratww wrote:
             | I don't think sending someone to perform a task is the same
             | as _taking an order_ , though. The restaurant is still the
             | one _taking the order_ for the food itself in the case of a
             | courier.
             | 
             | Also the law seem to only include "food delivery
             | platforms", which exclude couriers.
             | 
             | (Of course, I might be wrong, but it seems that the intent
             | of the law is to stop impersonation, not couriers).
        
               | throwawaysea wrote:
               | Why can't I pay someone to place an order and pick it up
               | for me? Can't I have someone go shop on my behalf at non-
               | restaurant businesses? And if so, isn't it reasonable
               | that a menu of options be shown with items and the costs?
               | I agree that there should be transparency about who is
               | delivering the food, there should be no impersonation of
               | the restaurant, no false listing of phone numbers, and so
               | on. But allowing restaurants to deny a courier without
               | prior agreement seems like a government overreach.
        
               | ratww wrote:
               | I think you misunderstood my reply: I don't think the law
               | is forbidding someone _making_ an order on your behalf
               | and picking it up for you. I doubt it will affect normal
               | courier services.
               | 
               | What I believe the law is forbidding is the lack of
               | transparency, the false listing of phone numbers and
               | _taking_ orders on behalf of someone else.
               | 
               | EDIT: Btw, I'm not downvoting you as I can't downvote
               | replies. I have upvoted to counter it.
        
           | GauntletWizard wrote:
           | I disagree with this law, like I've disagreed with many laws
           | before it: the creation of a specific law implies that what
           | came before was not fraud. It was fraud. Prosecute it as
           | such.
           | 
           | Offering to courrier food from place A to B, including
           | ordering the food from place A, should not be illegal.
           | Pretending to be A to engage in that business is fraud,
           | because you pretended to be A. It's that simple. This law is
           | a giveaway to the companies that have already engaged in
           | fraud.
        
             | ratww wrote:
             | Good point, I agree with you.
        
           | foobar1962 wrote:
           | The problem is that if food isn't handled correctly it makes
           | people sick. This law is about food safety.
        
             | [deleted]
        
           | lkbm wrote:
           | Sure would be nice if the law mentioned something about
           | impersonating the restaurant rather than merely adding
           | restrictions on who can be a courier.
        
           | roenxi wrote:
           | Unless there is some rather serious context I'm missing - and
           | as I said in another comment - the linked bill says:
           | 
           | > A food delivery platform shall not arrange for the delivery
           | of an order from a food facility without first obtaining an
           | agreement with the food facility expressly authorizing the
           | food delivery platform to take orders and deliver meals
           | prepared by the food facility.
           | 
           | I don't think you can use Apps to send someone there without
           | a problem. They have to get 'express authorisation' from the
           | restaurant before they can accept your order. That is silly.
        
             | ratww wrote:
             | As I answered to another poster, I believe the keyword here
             | is _" take orders"_.
             | 
             | You can't _take orders_ on behalf of others, but you can
             | freely arrange for someone in an app to _" make an order"_
             | for you and then fetch the meal. That's my interpretation.
             | 
             | Of course it could/should be better worded, though.
             | 
             | EDIT: Also, someone also mentioned that courier apps are
             | not "food delivery platforms", so the first few words of
             | the paragraph you quoted already excludes them.
        
               | Dylan16807 wrote:
               | > You can't _take orders_ on behalf of others
               | 
               | This law does not say that at all. It's completely silent
               | on whether the platform can take orders. It prohibits a
               | single specific action, and that action is _arranging for
               | the delivery_ of an order.
               | 
               | > you can freely arrange for someone in an app to "make
               | an order" for you and then fetch the meal.
               | 
               | You can arrange for them to make an order if you want to.
               | That's allowed. But "fetching" sure sounds to me like
               | they are delivering the order. They can't deliver it
               | unless they have the specific authorization from the
               | restaurant.
        
               | ratww wrote:
               | The text that has been quoted all over this thread does
               | say _" to take orders and deliver meals"_. Sure it could
               | be better worded, but it seems that the intent here is
               | quite clear: to stop the practice that was being done by
               | DoorDash/Postmates.
        
               | Dylan16807 wrote:
               | Look at how the law is formulated: "A food delivery
               | platform shall not X without Y."
               | 
               | X is the action the law allows or prohibits.
               | 
               | Y decides whether the action is allowed or not.
               | 
               | If "authorization to take orders and deliver meals"
               | exists, then they can deliver. If "authorization to take
               | orders and deliver meals" does not exist, then they
               | cannot deliver.
               | 
               | "take orders" does not appear in the law anywhere else.
               | It's only in the phrase "authorization to take orders",
               | and in that context the law is _only_ checking if that
               | authorization exists. This particular law does not say
               | when taking orders is allowed or prohibited. This law
               | does not care if a platform is taking orders. It cares
               | about whether the platform delivers, and it cares about
               | whether the platform has  "authorization to take orders
               | and deliver meals".
               | 
               | -
               | 
               | Edit: Pretend for a second the law said "A food delivery
               | platform shall not arrange for the delivery of an order
               | from a food facility without first obtaining an agreement
               | with the food facility expressly authorizing the food
               | delivery platform to own puppies and deliver meals
               | prepared by the food facility."
               | 
               | Would that law have any effect on whether the food
               | delivery platform can own puppies? Nah. The restaurant
               | has to say "you are allowed to own puppies" before the
               | platform can deliver, but that law is not imbuing the
               | puppy clause with any other power. It neither allows nor
               | disallows actual puppy ownership.
               | 
               | -
               | 
               | So my main point is not that a platform should get cheeky
               | by trying to take orders but not deliver, or something.
               | 
               | It's that even if they're not taking orders, this law
               | blocks them from delivering. If they don't have the
               | authorization, they can't deliver, end of story. The
               | restaurant didn't say they can have a puppy, so they
               | can't deliver, and it doesn't matter whether there
               | actually is a puppy.
        
               | ratww wrote:
               | Like I already said, _it could be better worded, but_ ,
               | to me, its _intent seems to be quite clear_. You make
               | good points, but I still have a different interpretation.
        
               | roenxi wrote:
               | So the argument is I should accept this silly law because
               | I can get around it by handling all the coordination
               | between Uber and the Restaurant to make it clear to both
               | that I was the one who placed the order and Uber is
               | acting strictly as a courier service with no extras?
               | 
               | That is silly. Uber can do the ordering and I can enjoy
               | my evening without phoning people up.
        
               | ratww wrote:
               | Uber Eats or Uber Taxi? Uber Eats doesn't engage in the
               | practices this law is trying to curb since they already
               | have agreements in place with the restaurants (AFAIK), so
               | you won't have to phone up anyone if you use Uber Eats.
               | 
               | If you're taking about Uber the Taxi app, or some courier
               | service, then this law doesn't apply to them since
               | they're not "food delivery platforms", and you can just
               | ask them to order on your behalf without phoning anyone.
               | 
               | EDIT: Btw I'm not making any argument in favour or
               | against the law, I'm just doing my best and trying to
               | interpret it.
        
               | roenxi wrote:
               | > Uber Eats doesn't engage in the practices...
               | 
               | Doesn't change the fact that the law is silly. Every time
               | I leave the house I wear closed in shoes. A law
               | forbidding me from leaving the house unless I'm wearing
               | closed in shoes would be silly.
               | 
               | This is a law that is arbitrarily preventing people from
               | doing something that is _perfectly reasonable_ - acting
               | on behalf of a third party to order food. If legislators
               | want to ban something objectionable they should ban it
               | directly, not indirectly through making it illegal to do
               | something reasonable.
        
               | ratww wrote:
               | The general agreement here is that the law was made
               | because Doordash/Postmates were impersonating restaurants
               | without authorization from them and taking orders in
               | their behalf, so it's not exactly similar to your shoes
               | examples.
               | 
               | Most people find the impersonation and lack of
               | transparent unreasonable. Whether the law is the best
               | tool to fix it or whether it will have side effects is
               | what's in debate, but the _main intention_ of the law
               | seems pretty clear to everyone.
        
         | CodeWriter23 wrote:
         | What's even sillier, every company doing this in California was
         | getting consent from the restaurant to publish a number as if
         | they were said restaurant BEFORE this law was even conceived.
         | Of course, it was a click-wrap agreement that nobody read.
        
         | ehnto wrote:
         | You could still do that without the app listing the restaurants
         | without their permission.
         | 
         | There is a clear exploitation happening here, I think it's
         | right to find a way to stop it. We should get better at
         | iterating on policy though, maybe this doesn't work out or
         | stops some other kind of less exploitive business from
         | operating and they need to adjust it.
        
           | darawk wrote:
           | What is the exploitation exactly?
        
             | throway1gjj wrote:
             | People making money by providing a valued service
        
             | yeskia wrote:
             | Exploiting the customer my misrepresenting a restaurant as
             | a partner when they are not.
        
             | ehnto wrote:
             | The delivery platform represents a business relationship
             | with a restaurant that doesn't exist, and uses it to pull
             | value out of the services the restaurants offer. As a
             | business you get to choose which other businesses you work
             | with, and on what terms. In this case they haven't given
             | the restaurant the opportunity to negotiate terms.
             | 
             | It's new ground sure, but I think it's pretty clear that
             | the delivery platform is a service provider to the
             | restaurant and as such the restaurant should have some
             | negotiating power. What if they want a cut of the delivery
             | fee, or guaranteed delivery windows for their customers?
             | Probably wouldn't get it, but that's a negotiation they
             | should be able to have.
        
           | throwawaysea wrote:
           | I'm not sure I understand the suggestion. Why shouldn't a
           | courier service be allowed to list a business to get
           | something from. That's like saying "people can't use mapping
           | services". This doesn't feel like exploitation to me but
           | maybe I don't understand your position fully.
        
             | danielheath wrote:
             | A courier can still collect food. They can't impersonate
             | the restaurant anymore.
        
               | AmericanChopper wrote:
               | The law prohibits a courier from being commissioned to
               | place an order, collect it, and deliver it to you. It's
               | just criminalizing a perfectly legitimate form of
               | arbitrage. The law isn't about couriers impersonating
               | restaurants either, because that's just fraud and it's
               | already illegal. It's just another example of a terrible
               | law created at the behest of businesses that aren't
               | competent enough to keep up with changes in the market.
               | But why would they bother when they can just seek a
               | legislative solution?
        
               | ghaff wrote:
               | None of these Uber-for-X things are an issue at small
               | scale, like a courier or other type of shared assistant
               | ordering and delivering a pizza for you. Absolutely no
               | one cares no matter what the letter of the law is. (And
               | it's not really a food delivery platform at that point
               | anyway.)
               | 
               | The problem is when it's a growth-oriented SV company.
        
               | AmericanChopper wrote:
               | Do you have a reason for why you think that is the
               | problem?
        
               | Dylan16807 wrote:
               | Oh boy I love selective enforcement.
        
               | ghaff wrote:
               | Scale does matter. There are a ton of things that people
               | can and do do for a bit of cash under the table like give
               | a haircut even though they don't have a license, rent out
               | an apartment to a friend of a friend for a few weeks
               | because you'll be traveling, etc. And those same things
               | would probably be a problem if they were pursued as an
               | ongoing business. Which, the general silliness of some
               | occupational licensing aside, I don't really have a
               | problem with.
        
               | [deleted]
        
               | ehnto wrote:
               | This is going to sound a bit curmudgeonly, but why should
               | hospitality bend over to some tech middlemen? Not every
               | industry needs to "innovate" their way into surviving the
               | VC bubble's attempts to disrupt it. Hospitality is a
               | fundamental service that's been provided for centuries,
               | and is a cornerstone of the economy.
               | 
               | Second to that, the law doesn't prohibit it, it just
               | makes the delivery service seek an arrangement first. I
               | am not terribly saddened by the fact that the delivery
               | platforms have to do some groundwork instead of just web
               | scraping a bunch of menus and making money off splitting
               | all the risk between restaurants and customers.
        
               | AmericanChopper wrote:
               | > This is going to sound a bit curmudgeonly, but why
               | should hospitality bend over to some tech middlemen?
               | 
               | Because that's what their customers want, and providing
               | something that their customers want should probably be
               | one of the most important things for a business to do.
               | 
               | The only genuine harm that can be caused to these
               | businesses by the delivery companies, is if the delivery
               | company is legitimately impersonating the restaurant.
               | Which as I said, would already be illegal.
               | 
               | The actual "harm" that this law addresses is somebody
               | making a profit of providing a service that the
               | restaurants think they deserve a cut of (just
               | because?...). Hilariously, this type of arrangement is
               | the most beneficial thing the restaurants could have.
               | Because they'll find if they'd try and make one of the
               | arrangements with a company like UberEats, that what
               | actually happens is the delivery company will be
               | demanding a cut of their revenue instead.
               | 
               | Criminalizing a type of customer based on whether they
               | intend to on sell the product after purchase is just
               | entirely stupid. It's one of the many stupid laws we have
               | that only seek to protect dead business models that
               | consumers no longer want. Just like the DMCA and all of
               | the car dealership laws we have.
        
               | ghaff wrote:
               | If these companies provide _such_ a valuable service for
               | people who can 't get up from their computers to get or
               | cook food, I'm sure restaurants will be lining up to sign
               | up for their services.
        
               | danielheath wrote:
               | In practice, every single one of these services has
               | impersonated restaurants and harmed many of their
               | reputations by doing so.
               | 
               | Perhaps the law is poorly written. That happens
               | sometimes; more often when you behave in a way that
               | invites regulation.
        
             | Lucasoato wrote:
             | Well, it should be clear that the restaurant has nothing to
             | do with the delivery service.
             | 
             | You shouldn't be able to exploit the restaurant brand, logo
             | and reputation without their consent, otherwise they
             | wouldn't have any mean to protect themselves from bad
             | reviews that would damage their image even in other
             | platforms.
        
               | sumthinprofound wrote:
               | This happened to a friend of mine who is a restaurant
               | owner. One day he gets a call for take out, for "Jeff"
               | lets say $60. A DoorDash courier shows up (nothing
               | indicating they are from DoorDash, restaurant assumes
               | this is the customer) and attempts to pay with a credit
               | card. Credit card comes back declined. Courier mentions
               | he's going to step outside to get the issue resolved and
               | will be right back. Half an hour goes by, another call
               | comes in for the exact same order, $60. Another courier
               | comes in, acts like he placed the order, tries to pay
               | with a similar looking credit card, gets declined. 2nd
               | courier leaves without the food. The owner thinks its
               | some time of scam. When the _third_ exact same order
               | comes in via phone, the owner starts asking questions.
               | All three were for the same DoorDash customer, all called
               | in on the phone by DoorDash assuming the identity of the
               | customer who placed the order via the DoorDash website
               | using a menu that DoorDash just found online and posted
               | on their website. It was an outdated menu with outdated
               | prices. Apparently DoorDash would load their credit cards
               | with the exact amount for the purchase (based on outdated
               | prices) so both couriers cards were declined for the
               | purchases. Meanwhile, the actual customer is waiting over
               | an hour and a half for their order to be delivered and
               | the restaurant owner has to eat 2 $60 sales because the
               | food is no longer presentable. Owner was never contacted
               | in advance by DoorDash regarding any business
               | relationship, they just found a menu and included it on
               | their site. Ultimately I believe they covered the cost of
               | their screwup, and the restaurant owner required they pay
               | over the phone when calling in the order before any food
               | was made. I would absolutely consider this exploiting the
               | restaurant brand and reputation without consent.
        
             | ljm wrote:
             | They've been known to go as far as buying domains for the
             | restaurants and hosting the menus on them, basically
             | inserting themselves as a middleman, then threatening the
             | restaurant with consequences if they don't pay up for the
             | favour.
             | 
             | This might be accompanied by the service taking their cut
             | out of every meal ordered through the site, forcing the
             | restaurant to lose money on the orders.
             | 
             | That's not just listing, it's a racket.
             | 
             | GrubHub was caught doing this, I believe.
        
           | roenxi wrote:
           | The linked bill says
           | 
           | > A food delivery platform shall not arrange for the delivery
           | of an order from a food facility without first obtaining an
           | agreement with the food facility expressly authorizing the
           | food delivery platform to take orders and deliver meals
           | prepared by the food facility.
           | 
           | Nothing there is talking about apps or listings.
        
             | ehnto wrote:
             | That wording leaves room for personally arranged general
             | couriers in my opinion, but that would end up getting
             | defined in court at some point down the road.
        
               | Ekaros wrote:
               | I think key question here would be definition of "food
               | delivery platform". Generic courier service or personal
               | assistant or even taxi driver is likely not to qualify
               | under such title.
        
               | roenxi wrote:
               | The linked bill is not verbose, it is effectively 4
               | paragraphs.
               | 
               | > Food delivery platform" means an online business that
               | acts as an intermediary between consumers and multiple
               | food facilities to submit food orders from a consumer to
               | a participating food facility, and to arrange for the
               | delivery of the order from the food facility to the
               | consumer.
        
         | foobar1962 wrote:
         | Say you're the restaurant, I'm the delivery guy. I pickup your
         | meals and deliver them to your customers. On the way the meals
         | go cold (or hot) and get damaged. Your customers aren't happy
         | and want their money back.
         | 
         | My actions have made your service look bad, your customers
         | unhappy and cost you money. You didn't know I was delivering
         | your food!
        
           | jopsen wrote:
           | Isn't this exactly the kind of thing trademark laws is
           | supposed to cover?
           | 
           | I'm pretty sure that if you tried to resell food at scale
           | from a major fast food franchise without proper licensing,
           | you would get sued.
        
             | toast0 wrote:
             | Trademark law could prevent me from pretending to be the
             | restaurant. If they had a defensible trademark and time and
             | money to litigate.
             | 
             | It doesn't really prevent me from acting as a middle man.
             | I'd need to be careful about using their trademarks and
             | making it clear that I'm not connected.
             | 
             | The concept of first sale certainly applies, although
             | health code makes it complex. There's also the concept of
             | the right to refuse service.
        
             | enragedcacti wrote:
             | The major fast food franchises aren't the people this law
             | is protecting, its Joe Blow's Pizza Shack that can't afford
             | a lawsuit against Doordash.
        
           | kflzufkrbzi wrote:
           | As someone who is working on food delivery in Europe it's
           | weird to even consider someone delivering food without the
           | restaurants approval. I guess it's the only way to scale
           | extremely fast but still it seems counterproductive to me.
        
         | josefx wrote:
         | On the one hand the law seems overly broad, on the other there
         | was apparently no way for restaurant owners to protect their
         | names against bad third party delivery services.
        
         | boomboomsubban wrote:
         | > If someone feels like sending a courier to buy take away then
         | that should be legal.
         | 
         | Should it be legal for a business to ban somebody for any non-
         | protected reason?
        
       | nrmitchi wrote:
       | This feels kind of like some sort of regulatory capture by
       | DoorDash, etc now that they are big enough.
       | 
       | Is there any way that this wouldn't stifle any new competition?
        
         | granzymes wrote:
         | This was my thought too. This law is a huge barrier to entry
         | for any new delivery apps in California.
        
       | Melting_Harps wrote:
       | It has to be said, that the combination of Delivery app
       | incompetence and exploitative business models working in tandem
       | with Government corruption and lack of aid for the Food Industry
       | in the US its a fucking miracle it has lasted this long at all.
       | 
       | I'm afraid to say that the Industry to me will never be the same,
       | and what it is today even as it defies Shutdown orders will not
       | be enough for it to be close to what it was as the finance
       | channels are breaking down before our eyes--take out models are
       | less than ~10% of revenue from what a normal 100% service brought
       | in. I always thought the Industry needed to be disrupted as it
       | was wasteful, abusive and over all toxic in many ways. But the
       | fact that so many are resrtin to Gofund me crowdsourcing then
       | actual food sales screams that we've seen the same thing happen
       | to the Restaurant Industry that happened to the Health Care
       | Industry. I've been in both and the parallels are quite obvious
       | to see.
       | 
       | But what we've seen with COIVD is the systemic take-down and
       | consolidation of the Food Industry from both Private (and I use
       | that word loosely) and Public sides which only really benefited
       | the massive Corporate players who benefited from PPP and have the
       | resources and financial and legal wherewithal that small private
       | restaurant owners can't afford. Wallstreet and VC firms like
       | Softbank also made out like bandits with such poor models like
       | Doordash IPO.
       | 
       | I'm sad to say this but I think the US will be a culinary
       | wasteland in all but the food truck and high end dining end
       | points, everything in between will be sucked up by large
       | corporations and Ghost kitchen models. We had made so much
       | progress that one can't help but feel entirely dejected about it,
       | especially now as Food Education is even more dire than ever as
       | 70% of all Americans are classified as fat and obese [0].
       | 
       | I just hope people support their local farmers and begin cooking
       | more at home then continue to pour money into what has clearly
       | been a hi-jacking of small entrepreneurial people trying to
       | advance the very low standard of culinary edification in the US
       | in relation to Europe and Asia.
       | 
       | It's a sad situation, but I'm retired as a chef for good now I'm
       | glad to say I exited at a high that I think will never be seen
       | again.
       | 
       | 0: https://www.cdc.gov/nchs/fastats/obesity-overweight.htm
        
       | ramphastidae wrote:
       | This is undeniably a good thing if you put yourself in the shoes
       | of the restaurant.
       | 
       | Imagine if someone went around impersonating your business
       | online, leveraging the good name you have built for yourself over
       | the decades. They create ads offering your expert development
       | services, ostensibly competing with your existing website, but
       | with intentionally slashed pricing and a 'creatively'
       | misrepresented offering (aka growth hacking). Then they
       | subcontract the job to some crappy outsourcing firm that bungles
       | it, but who cares, they got their cut and you signed the TOS.
       | 
       | Now bad reviews are piling up online about the bad experiences
       | people had with your business, your reputation is destroyed, and
       | your business is next.
       | 
       | I know it's not a perfect analogy but try to empathize with the
       | restaurants here.
        
         | ghaff wrote:
         | The misrepresentation would seem to be the big thing. Someone,
         | let's call them Joe, publishes a list of restaurants online
         | with links to their menus and offers to deliver for the price
         | of the order with tip plus a $10 delivery fee. And has a clear
         | disclaimer that they're not affiliated with the businesses.
         | That seems pretty unobjectionable. And how would the restaurant
         | even know? [ADDED: Subject of course to any health regulations
         | that might apply to food delivery.]
         | 
         | But that, of course, is not what any of these services do.
         | 
         | There is still an argument that some foods just aren't a good
         | match for delivery and, disclaimer or not, some consumers will
         | still tend to blame Sally's Piping Hot Burgers when their
         | burger arrives soggy and cold (or, worse, because of
         | mishandling someone gets sick) rather than think that maybe
         | they should have just gone and picked it up themselves or just
         | not gotten burger take-out. So Sally should _maybe_ have a
         | right to refuse to sell to anyone other than the end consumer.
         | But that seems trickier.
        
           | 34679 wrote:
           | I should never be able to force Sally to make me a
           | cheeseburger. Therefore, Sally should have the right refuse
           | to sell to anyone. No maybe.
        
           | j45 wrote:
           | It's a form of domain squatting if someone lists as you,
           | above you in search, leaving some customers frustrated and
           | likely picking someone else, forever.
        
           | [deleted]
        
           | chrischen wrote:
           | Using the restaurant's logo and name and in general
           | masquerading as the restaurant's official website pretty
           | clearly crosses the line.
        
           | jxramos wrote:
           | I went to pickup a take out order for my wife the other day
           | and the cashier asked if this was a personal order? I was so
           | confused I didn't even know how to answer and just asked
           | "personal order meaning what". She answered, "I mean you're
           | not with door dash or something right, you personally made
           | the order?". It was a pretty baffling exchange and maybe this
           | misrepresentation speaks to some of that.
        
             | colejohnson66 wrote:
             | There's reports of delivery sites trying to hide that
             | they're delivery sites when they pick up the order.
             | Normally a DoorDasher uses a DoorDash bag (it seems), but
             | supposedly they don't use it inside, and then put the order
             | in the DoorDash bag in the car. Not sure how true it is
             | though (it could just be people not wanting to hold up the
             | line)
        
           | tw25601814 wrote:
           | > But that, of course, is not what any of these services do.
           | 
           | Likely because customers don't care. Nor does this law
           | introduce such a requirement. Instead it increases the cost
           | of entering the delivery market, thus it protects extant
           | delivery services from new competitors.
           | 
           | > So Sally should maybe have a right to refuse to sell to
           | anyone other than the end consumer.
           | 
           | They can already do that; restaurants know which delivery
           | services are placing the order.
        
           | bobthepanda wrote:
           | This is actually the Postmates business model; they hire a
           | delivery person to go to a restaurant, stand in line, and
           | make the order. At no point does the restaurant know of the
           | buyer's existence.
           | 
           | Well, minus the clear disclaimer, and also minus tipping
           | people at the restaurant (tip goes to courier)
        
             | colejohnson66 wrote:
             | It's probably because some restaurants have "banned"
             | delivery app people. So, in this instance, the Postmate
             | person can feign ignorance and act like they're just
             | ordering for a friend (which is a common thing).
        
           | SamoyedFurFluff wrote:
           | > And has a clear disclaimer that they're not affiliated with
           | the businesses.
           | 
           | This isn't actually clear. GrubHub's about page:
           | 
           | " Grubhub is a leading online and mobile food-ordering and
           | delivery marketplace with the largest and most comprehensive
           | network of restaurant partners. "
           | 
           | This tells me as a customer that the restaurant is a
           | consenting partner. This is a lie.
           | 
           | EDIT: a commentor below had issue with my use of the word lie
           | here. To clarify, I meant that this is not a clear
           | disclaimer.
        
             | judge2020 wrote:
             | > But that, of course, is not what any of these services
             | do.
        
             | loceng wrote:
             | No, you're misinterpreting it - they don't claim all of the
             | restaurants are partners, just that they have the most
             | comprehensive network of restaurant partners.
             | 
             | Edit: -4 downvotes so far for highlighting a person's bad
             | logic - good start to the New Year for critical thinking on
             | HN; I'll assume they're projecting their anger for the
             | topic onto me, their emotion overriding their logic.
        
               | refulgentis wrote:
               | Been here 11 years, things have oddly gone off a cliff in
               | the comments over the past 6 months - year: if you're not
               | agreeing with the first-order conclusion, you're down-
               | voted through the floor. sorry about that :/
        
               | loceng wrote:
               | And any attempt to discuss the voting mechanism to
               | require more qualitative responses instead of a quick
               | dopamine hit for clicking a single object, one needs to
               | tread carefully - a rule that artificially oppresses
               | conversation on the topic - so how important of an issue
               | it is will be skewed due to the threat of being silenced.
        
               | refulgentis wrote:
               | Lol I'm at -7 now, cheers my friend
        
               | nirushiv wrote:
               | There are different types of lies. A lie of commission
               | would be like Grubhub saying "All restaurants are our
               | partners". The second case (which applies here) is a lie
               | by omission. They are withholding very important
               | information in an intentional way.
               | 
               | Since we're on the topic of food: It's like if someone
               | asked, "Hey did you eat the whole pizza?" and you reply
               | "I ate my three slices". That's true, except you also ate
               | the other nine slices. Lie of omission.
               | 
               | It's not bad logic. It's you failing to recognize a basic
               | tactic used by companies and four year olds and everyone
               | in between.
        
               | SamoyedFurFluff wrote:
               | Nowhere on their about page do they make it clear that
               | they _also have restaurants who are not their partners
               | listed on their platform_.
               | 
               | The given ask that there is a clear disclaimer. I'm
               | saying it's not clear at all, and therefore the
               | hypothetical has deviated from reality so much that it's
               | useless.
        
               | loceng wrote:
               | No, you're just not accepting in the statement you wrote
               | what you claim it means is incorrect - you're now trying
               | to double down that it's not clear but it is clear,
               | you're just seeming to want them to spell it out
               | completely as your argument point but through
               | extrapolation it's not necessary, assuming you're able
               | to/have learned how to extrapolate.
               | 
               | You really want everyone everywhere on the internet to
               | spell out the complete logic, when the full logic can be
               | understood simply by extrapolating, coddling people in
               | the process?
        
               | SamoyedFurFluff wrote:
               | > you're just seeming to want them to spell it out
               | completely
               | 
               | Yes because that's what "clear disclaimer" means, which
               | was the ask. I'm really baffled that this line of logic,
               | because the post I was responding to said "clear
               | disclaimer", when I'm pointing to something that requires
               | second-order interpretation and therefore by definition
               | can't be a clear disclaimer. (I mean you yourself said
               | that it's understood by extrapolation. Requiring
               | extrapolation =! clear disclaimer imo. I would in fact
               | expect a clear disclaimer to require no extrapolation,
               | and be so dumbly explained that anyone who can read at at
               | teen level can understand it.)
        
               | loceng wrote:
               | You're changing the goal posts of your argument now. You
               | claimed the statement was a lie, it wasn't - that is all
               | I argued.
        
               | SamoyedFurFluff wrote:
               | Oh, okay, I've edited my post to say that "this is not a
               | clear disclaimer".
        
               | refulgentis wrote:
               | Please try to avoid dragging interlocutors through long
               | threads, knowing they'll be downvoted at each step - it
               | was extremely clear from step 1 what they meant, you
               | didn't need it clarified over several comments to reach
               | this conclusion.
        
               | [deleted]
        
               | jimktrains2 wrote:
               | These are often termed lies of ommission, where details
               | are left out to make what is said appear to be the full
               | truth, and not just a slice of it. By only stating that
               | they work with partners, they imply that they only work
               | with partners.
        
               | ScoobleDoodle wrote:
               | "Partner" implies agreed upon consent. The assumption
               | from the grub hub text is that all restaurants on their
               | platform are "partners" and have therefore consented.
               | 
               | The two possible omissions are: 1) "partners" does not
               | actually mean consent. 2) They have other restaurants on
               | their platform who are not "partners", but they have the
               | largest "partner" network even without those unconsenting
               | restaurants.
               | 
               | Both are deceitful of the common reading of the language
               | which implies both consent and that their platform serves
               | only the group mentioned.
               | 
               | It's leveraging omission and ambiguity to communicate a
               | false hood. 90% of people read it they way grub hub is
               | not using the phrasing.
        
               | loceng wrote:
               | No, you're making an assumption and misinterpreting the
               | sentence as well - they're not saying all restaurants on
               | their platform in the statement we're referencing are
               | partners.
               | 
               | I agree them saying there are partners doesn't define
               | what that means, nor if they said they "work with
               | restaurants." That still doesn't mean it's valid to
               | believe assumptions are truth when you don't know the
               | answer.
        
           | wpietri wrote:
           | > some consumers will still tend to blame Sally's Piping Hot
           | Burgers when their burger arrives soggy and cold
           | 
           | A friend who manages an excellent restaurant says that this
           | is indeed a problem. One of their signature dishes is fried
           | chicken, and it is glorious. They optimize everything about
           | the meal with the understanding that it's 15-30 seconds from
           | the kitchen to the table. But those are the wrong choices for
           | 15-30 minutes of travel time. You'd be better off just
           | getting Popeye's. But who gets the negative review on Yelp?
           | Not the delivery company.
        
             | amerkhalid wrote:
             | This is fair point but what stops these businesses from
             | refusing to do food pick up. Especially, if they know food
             | won't taste good if not consumed within a few minutes. I
             | rather resturants remove to-go option instead of blaming
             | delivery companies.
        
               | wpietri wrote:
               | In my friend's case, it's because people in the
               | neighborhood sometimes like to pick things up. Why should
               | they penalize those people just because delivery
               | companies have without their permission decided to start
               | advertising their food?
        
               | Akronymus wrote:
               | Legally the only way to acquire restaurant food over here
               | atm is takeout or delivery. They can't just not offer it.
        
               | listenallyall wrote:
               | so the remedy is to implement a law that will live
               | forever, even as we expect covid to (hopefully) recede
               | this year?
        
               | bobthepanda wrote:
               | This is removing to-go option. There are apps that claim
               | to offer delivery from a restaurant not intending to
               | provide it.
        
             | ianhorn wrote:
             | Does delivery tend to be different from takeout in your
             | experience? It does in mine. The gap between finishing prep
             | and me eating it is much longer for delivery, except that
             | the apps almost all lie about it. While your order is
             | sitting there waiting for a driver for 10 minutes, they
             | tell you, no way! It's not our inability to get a driver
             | there quickly! It's the restaurant who is still wrapping up
             | right now! If they even tell you that. Then they drop off a
             | few other orders on the way. You end up with food you think
             | came off the stove 13 minutes ago that actually came off
             | like 40 minutes ago. And then you think it came out of the
             | oven worse because the app puts all the blame and
             | uncertainty on the restaurant.
        
               | notlion wrote:
               | Ordering for pickup has gotten so much easier this year.
               | Restaurants usually will hand me my food at the door, so
               | I only need to spend a few seconds waiting, and the food
               | is just in way better condition when I carry it home
               | myself.
        
               | klyrs wrote:
               | I've been ordering in way more than I would have been
               | comfortable with pre-covid. I never blame the restaurant,
               | especially when I see the driver taking a circuitous
               | route, indubitably filling multiple deliveries on the
               | way. And I don't really blame the drivers, either,
               | because of how their pay structure translates to
               | incentives.
        
               | wpietri wrote:
               | That makes a lot of sense, but personally I wouldn't
               | know. I refuse to use the delivery service apps. I
               | despise them both for how they treat their workers and
               | how they treat the restaurants. If a restaurant doesn't
               | offer their own delivery (as e.g., pizza places used to),
               | I'll pick it up myself.
        
             | ashtonkem wrote:
             | I'm incredibly perplexed why people do this. Even pre
             | pandemic it was patently obvious to anyone who paid
             | attention that certain foods just don't deliver well.
             | Before the internet became a thing, the only places that
             | regularly offered delivery were pizza joints and Chinese
             | food, because both of those survive delivery well! I
             | ordered delivery burgers once, from a restaurant close by,
             | and learned my lesson that burgers are best enjoyed
             | immediately and not 10 minutes later. Why should I blame
             | the restaurant for that?
        
               | joering2 wrote:
               | After seeing a one-star negative review for a mosquito
               | electric zapper because it didn't get rid of their
               | roaches problem, nothing people do or say on internet
               | will ever surprise me again.
        
               | danans wrote:
               | Who is old enough to remember the McDLT?
               | 
               | https://youtu.be/UTSdUOC8Kac
        
               | btilly wrote:
               | I am.
               | 
               | And it was dropped because when McDonalds stopped using
               | styrofoam they couldn't make it work any more.
               | 
               | There is an irony in that. We went from a society that
               | uses styrofoam to paper cups. Never mind that styrofoam
               | is one of the most easily recycled substances we have,
               | while the wax on paper cups makes them destined for the
               | landfill.
        
               | kibibyte wrote:
               | > styrofoam is one of the most easily recycled substances
               | 
               | Is that actually true? I've always heard to put styrofoam
               | in trash rather than recycling.
        
               | mgkimsal wrote:
               | Dropping the McDLT was what started me on the road to not
               | try 'new' items from fast food places very much. If I
               | _like_ the new offering, it 's going to be cut, just like
               | the McDLT. McDLT was my all time favorite fast food
               | burger from the 80s.
        
               | Dylan16807 wrote:
               | > I ordered delivery burgers once, from a restaurant
               | close by, and learned my lesson that burgers are best
               | enjoyed immediately and not 10 minutes later.
               | 
               | Weird. It takes me notably longer than that to eat a
               | burger in a restaurant, and I never notice any quality
               | problems over that period of time.
        
               | whoisburbansky wrote:
               | The ten minutes it spends on your plate is a very
               | different ten minutes than those spent tightly wrapped in
               | foil in a car; one makes the burger a lot soggier than
               | the other.
        
               | Dylan16807 wrote:
               | So the problem is how it's packed, and delivery could be
               | done correctly. Okay, that makes sense.
        
               | RestlessMind wrote:
               | It's not only about packing. If you take your first bite
               | a minute after a dish is ready in the kitchen, it leaves
               | a much different impression than the first bite you take
               | after 10 minutes in a ride. The extra time spent in the
               | delivery is always going to make a huge different in how
               | the food tastes, at least for certain dishes (dumplings,
               | e.g.).
        
               | SOLAR_FIELDS wrote:
               | A local (actual, not American) Chinese joint makes by far
               | the best soup dumplings in town. During the pandemic
               | they've understandably switched to takeout only, but now
               | their reviews are filled with people that are
               | disappointed by dumplings that aren't steaming hot inside
               | and have holes because they stick to the takeout
               | containers. I feel really bad for the owners - they're
               | forced to choose between endangering the lives of their
               | workers or offering a subpar product.
        
               | ghaff wrote:
               | I can't imagine getting takeout soup dumplings. They're
               | almost getting a little too cooled down by the time you
               | finish them in a restaurant. Dumplings that you pan fry
               | at home can work reasonably well but, of course, a
               | product that you have to partially cook yourself is not
               | what a lot of people are looking for in take-out.
        
               | cforrester wrote:
               | I think it's a matter of expectation more than anything.
               | Someone who orders food from a restaurant might expect
               | that the restaurant has recipes designed for delivery. I
               | wouldn't expect a top quality restaurant burger when I
               | order delivery, but I'd still be disappointed if it were
               | a soggy mess instead of the 5-8/10 I've come to expect
               | from decent delivery options.
        
               | ghaff wrote:
               | One of the problems is that, with some exceptions, if a
               | restaurant offers take-out at all, they probably offer
               | their whole menu. If I look at the menu for my local
               | Greek pizza place, I can pretty much guarantee you that
               | their pizzas, Veal Parmesan, and salads are going to
               | stand up to take-out (AFAIK you can't get delivery)
               | better than their burgers, meatball subs, or calzones.
        
               | lostcolony wrote:
               | I think it IS a matter of expectation, yes.
               | 
               | If I go and pick up something that doesn't sit around at
               | room temperature well (let's say a milkshake), and drive
               | 20 minutes home before eating it, I'm not going to ding
               | the restaurant for the fact it's melted.
               | 
               | If, however, milkshakes are offered for takeout
               | (reasonable), but then a third delivery party gets
               | involved and starts offering them for delivery, anyone
               | ordering it will have the impression of "I ordered a
               | milkshake. It arrived to my hand melted! 1-star, bad!"
               | Since they clearly aren't thinking enough to -not order
               | the milkshake in the first place-.
               | 
               | Milkshake is an extreme example to demonstrate the point,
               | but applies to anything that doesn't sit well (previously
               | mentioned burger included), with the added trouble that
               | customers are less likely to know what will sit well.
        
               | cforrester wrote:
               | The quality of the food really isn't a binary state,
               | though. I think most people get the idea that delivery
               | food isn't going to be as good as having it at a
               | restaurant, but they're expecting a middle ground if the
               | item is offered for delivery.
        
               | ashtonkem wrote:
               | Funny fact, one of the best deliveries I've gotten this
               | year was ice cream. The local creamery[0] has an option
               | to sign up for weekly deliveries. They obviously bring
               | the equipment to keep it properly frozen (easier than a
               | milkshake I know), and check IDs for their alcoholic ice
               | creams. I suspect that if they wanted to, they could have
               | pulled off milkshake deliveries, although the logistics
               | wouldn't scale.
               | 
               | 0 - https://ilovethestil.com/
        
               | AareyBaba wrote:
               | local = Boise Idaho. If you were wondering
        
               | grogenaut wrote:
               | I know a few people who own top quality restaurants. They
               | spent a shit ton of time figuring out delivery. One in
               | chicago does it for reheat with nice instructions on
               | everything. Like a blue apron style setup. A bbq place
               | just won't sell certain items ever togo. Heck maggianos
               | obviously spent time in their take home setup.
        
               | ghaff wrote:
               | A couple of times I've been tempted to order from Five
               | Guys with one of the services I have a promo with. But
               | then I remember that said Five Guys is far enough away
               | that I wouldn't want to drive to it and, best case, what
               | I receive is not going to be great. Better to grill it
               | myself.
        
               | wpietri wrote:
               | Before VCs started trying to buy delivery market share
               | and take a slice of restaurant profits, the restaurants
               | that offered delivery were the ones that were well suited
               | for it. Others would offer take-out, but there it was up
               | to customers to solve the travel-time problem, so people
               | generally got take-out from nearby restaurants.
               | 
               | Now, though, consumers are being offered the food they
               | love delivered to their door, with no hint that it might
               | be a bad idea. I'm not surprised at all that they are
               | unhappy that the thing they were sold turned out to be
               | disappointing. I agree that if one understands all the
               | logistical, marketplace, and culinary factors, it doesn't
               | make much sense to blame the restaurant. But one of the
               | glories of capitalism is that purchasers don't have to
               | understand a thing. They just have to have money and a
               | desire.
               | 
               | I think the real bad actors here are the delivery
               | companies here, not the consumers. The delivery companies
               | are selling something they really can't deliver. It
               | shouldn't be up to consumers to figure all this out on an
               | order-by-order basis.
        
               | asddubs wrote:
               | I've had some ok delivery burgers, but it was the actual
               | burger place doing the delivery
        
               | mytailorisrich wrote:
               | Because more people than you think do not understand this
               | and how delivery platforms work (ie. that restaurants do
               | not control them)
               | 
               | If you're a restaurant and some of your dishes do not
               | handle delivery well then you should not sell them as
               | delivery/takeaway but only on premises. Otherwise you'll
               | have to accept that some customers will be unhappy and
               | leave a bad review.
               | 
               | I think this is a learning curve for many restaurants
               | that are not used to this business model. Certainly in
               | Europe it was not usual for restaurants to offer
               | delivery/takeaway, which was only done by some pizzerias
               | for a long time. Now these platforms are booming and the
               | pandemic has made them critical.
        
               | rrrrrrrrrrrryan wrote:
               | Ironically, the main reason pizza works so well for
               | delivery is because the drivers have specialized boxes
               | that hold in heat, maintains the right humidity
               | conditions, and is easy to handle.
               | 
               | The third party app drivers don't have this, so pizza
               | delivered from them often arrives cold and soggy, and
               | sometimes even smashed to one side of the box.
        
             | ecf wrote:
             | Why should regulation like this be enacted due to shitty
             | consumer behavior that is evident everywhere, not just
             | online reviews?
             | 
             | I really don't know who this is helping because I'm not
             | going to start using a more inconvenient way of ordering
             | because these restaurants want things their way.
             | 
             | It'll only result in these local businesses losing access
             | to the $750 I pay in delivery each month.
        
               | TedDoesntTalk wrote:
               | > due to shitty consumer behavior
               | 
               | This is not shitty consumer behavior. It is lying... a
               | company pretending to be another company or a
               | representative of another company... when they are not.
               | 
               | If you buy a fake Toyota car and it sucks, do you blame
               | Toyota then complain when a law is passed making this
               | fraud illegal?
        
               | Dylan16807 wrote:
               | > is lying... a company pretending to be another company
               | or a representative of another company... when they are
               | not.
               | 
               | This law affects much more than that.
        
               | imtringued wrote:
               | It doesn't because you can always ask for permission.
        
               | Dylan16807 wrote:
               | Forcing companies to ask for permission changes a lot. In
               | _general_ , it's usually bad for market competition.
        
             | listenallyall wrote:
             | Seems the remedy is simply to not offer fried chicken for
             | takeout, end of story. A customer picking up his/her own
             | order to take home is certainly not arriving in 30 seconds
             | either.
        
               | wpietri wrote:
               | This restaurant is in a neighborhood. The reason they
               | offer take-out at all was because neighbors just wanted
               | to pick something up and eat at home. That's probably not
               | 30 seconds, but it's way different than the amount of
               | time a delivery company ads. It's also psychologically
               | different if the consumer is the one in direct control of
               | the delay.
        
               | lostcolony wrote:
               | So there's nothing wrong with takeout; during COVID you
               | might buy it takeout, and eat it at a nearby table. Even
               | outside of COVID, you might eat it in your car. This law
               | is to ensure the restaurant has control over whether it's
               | the customer taking it out (and it's then up to them how
               | long they wait to eat it), or a third party (and the
               | customer has no control over how long it waits before
               | they eat it).
               | 
               | Because otherwise, there is nothing preventing Doordash
               | or similar from adding the location to their app. The
               | restaurant may not offer them favorable terms, or
               | otherwise work with them, but even without official
               | support, Doordash interopts with the restaurant's online
               | ordering system for pickup (or even involves a human to
               | call it in), sends a driver to pick it up ("Here to pick
               | up an order for Steve"), and then delivers it. Nothing
               | the restaurant can do to prevent it.
        
             | daveFNbuck wrote:
             | Wouldn't this be a problem for any takeout order? I know
             | some restaurants don't offer takeout for this reason.
        
               | powersnail wrote:
               | Some food are really good for takeout. The extreme
               | example would be Japanese Bento box. Delicious even after
               | hours.
        
               | ghaff wrote:
               | Some foods definitely work better than others. As others
               | have noted, pizza usually does. And Asian stir fry type
               | dishes are mostly pretty decent. Basic fried chicken (or
               | rotisserie chicken) are fine too actually. They're not
               | totally top drawer fried chicken like you get at a good
               | restaurant that specializes in it but it's pretty good
               | heated up in the oven. Soups. Etc.
               | 
               | And then there are a lot of foods that just aren't going
               | to be good. Basically, if it's something that either cold
               | or that you would normally consider reheating in the oven
               | or microwave it's probably OK. Otherwise, not.
               | 
               | And, as others have noted, take-out you have more control
               | over. There are some sandwiches I'll order from a local
               | place and pickup given that I know I'll be home in less
               | than 10 minutes. I'd be less tempted if I knew it might
               | be sitting in a delivery car for an hour.
        
             | grogenaut wrote:
             | Fried chicken delivers great if you leave the box open so
             | it can vent. I tell the bar by my house this every order.
             | The paper boxes that are standard for fried chicken are
             | terrible for it. They work for fast food chains because it
             | goes under the hot light to steam out for 5 minutes before
             | going in the box. Fryer to box immediately makes a literal
             | sauna.
        
         | [deleted]
        
         | rsync wrote:
         | "This is undeniably a good thing if you put yourself in the
         | shoes of the restaurant."
         | 
         | Maybe. I have no idea.
         | 
         | What I do know is, the following statement is 1A protected free
         | speech:
         | 
         | If you pay me enough money, I will drive to the Novato In'N'Out
         | and buy a cheeseburger and deliver it to you.
         | 
         | I offer this _delivery service_ to anyone who wishes to
         | negotiate my (extremely high) delivery rates.
         | 
         | This is posted in a public place (is a listing) and I have no
         | relationship with In'N'Out and no plans to establish one.
         | 
         | Now what ?
        
           | johnmaguire2013 wrote:
           | Apple is a private company, not a public entity. AFAIK, your
           | "free speech" is not protected here.
        
             | cleak wrote:
             | Companies are people too.
        
           | ghaff wrote:
           | You are clearly not a "food delivery platform" which this
           | explicitly concerns. Obviously you can pay people to run
           | errands for you, including picking up food and people can
           | advertise their services.
        
             | rsync wrote:
             | Yes, of course that is the case but a "real" delivery
             | service is only one or two contortions away from
             | "publishing" their "listings" in a way that is just like
             | what I wrote.
        
           | mytailorisrich wrote:
           | This law only applies to online businesses. So while this
           | effectively stops businesses from providing this service
           | without permission it does not prevent what you describe.
        
           | travisjungroth wrote:
           | Then you'll be breaking the law, as I understand it. Not
           | every statement is protected under free speech.
           | 
           | If a private pilot asks his friend if she wants to go on a
           | trip and split costs, that's legal. If he posts the offer in
           | a public place, it's illegal. There is a ton of precedent for
           | this type of restriction of speech.
        
             | [deleted]
        
         | anticristi wrote:
         | I don't understand why trademarks are insufficient to prevent
         | this. Why didn't restaurants file a class action lawsuit
         | against food delivery services to stop misusing their names?
         | 
         | I think this law is great, but it kind of legitimises
         | impersonation unless explicitly banned by law.
        
           | tshaddox wrote:
           | I think this is just a practical matter: the legal system is
           | not as accessible as you might hope it is.
        
         | rattray wrote:
         | IDK, this seems more like a mixed-bag to me on account of being
         | opt-in instead of opt-out. Absolutely I agree that businesses
         | should be able to easily opt out of being listed on a given
         | delivery platform if/when it causes problems for them.
         | 
         | But on the flip side, I've observed a lot of restaurant owners
         | not having the time, energy, or know-how to set up even basic
         | online things that could really boost their business.
         | 
         | I would expect that many restaurants really benefited from
         | Doordash adding their menu to their website without their
         | knowledge (even if some have, in net, suffered).
         | 
         | Going straight to opt-in seems like it could hurt some
         | businesses.
         | 
         | Not to mention, of course, any new entrants! This law will make
         | it much harder to compete with "the next Doordash".
        
           | SamoyedFurFluff wrote:
           | > Not to mention, of course, any new entrants! This law will
           | make it much harder to compete with "the next Doordash".
           | 
           | Well of course the law will make it much harder to compete to
           | be the next predatory, deceitful company that pretends to be
           | small businesses! That's the whole point of this law. Some
           | business practices are unethical and relying on them to grow
           | should be made illegal.
        
             | blackearl wrote:
             | Will there be a "next DD"? It seems that they were hard
             | pressed to make money despite the pandemic. Who wants to
             | pick up the baton and continue losing money?
        
               | colejohnson66 wrote:
               | What I don't understand is: Uber at least had a vision
               | (self driving) that VC could look forward to. What's the
               | end goal of these delivery apps that just bleed money?
        
             | rattray wrote:
             | Yeah, like I said, restaurants should absolutely have easy
             | and fast recourse against predatory platforms.
             | 
             | The heuristic, "but will restaurant owners ask to be
             | delisted because of this?" should be a powerful force for
             | keeping overly aggressive product managers in check.
             | 
             | I worry that the bill misses the point that these platforms
             | can also be a free or low-cost source of new business. As a
             | small business owner myself (albeit e-commerce), free new
             | customers doesn't sound so bad. (Obviously, for many
             | established businesses, it's just cannibalization of their
             | existing base - but that's not true for _all_ businesses).
        
               | imtringued wrote:
               | >The heuristic, "but will restaurant owners ask to be
               | delisted because of this?" should be a powerful force for
               | keeping overly aggressive product managers in check.
               | 
               | You can just build a second or third site and relist the
               | restaurant thereby avoiding the opt out law. Finally you
               | can build an aggregator that allows customers to search
               | all of your sites at once. The room for loopholes is too
               | big.
        
               | SamoyedFurFluff wrote:
               | It's true that these platforms can also be free or low
               | cost sources of new business. GrubHub et al can still
               | mail/call/etc. them an offer to become a partner, with
               | stickers and a "congratulations we'd love to do business
               | with your business".
        
               | rattray wrote:
               | Totally. That's what'll have to happen instead. But it's
               | more expensive (cost to restaurant ultimately goes up)
               | and annoying.
        
               | SamoyedFurFluff wrote:
               | If it's costs more for the restaurant to do business with
               | GrubHub then now they have the law on their side to
               | decline to do business with GrubHub on account of it
               | being too expensive.
        
             | tw25601814 wrote:
             | I think your anger is blinding you to the fact that this
             | law doesn't actually address any of those concerns.
        
           | rattray wrote:
           | Now that I think about it, I think this law could also hurt
           | competition even amongst established players, allowing them
           | to squeeze restaurants even harder.
           | 
           | Imagine platforms A, B, and C. Platform A approaches Daisy's
           | Cafe offering an amazing deal on a delivery partnership, as
           | long as the Cafe agrees not to use any other delivery
           | companies. Daisy asks around and hears great things about
           | Platform A, so she says yes - what a win!
           | 
           | Months later, the quality of Platform A starts going way down
           | - food is delivered to the wrong addresses, delivered cold,
           | etc. All of the restaurants in Daisy's area also deliver with
           | Platform A, so the local customers don't use other platforms
           | - she's stuck. If she switches, she'll lose almost all her
           | delivery traffic overnight.
           | 
           | Now imagine if Platform C did delivery for her without an
           | agreement signed. Daisy isn't breaking the agreement with
           | Platform A when customers order through Platform C! She'll
           | still lose business when she stops working with Platform A,
           | but not as much, so it's an easier choice to make.
           | 
           | In this scenario, predatory platforms are more likely to
           | squeeze restaurants if agreements must be signed, because
           | exclusivity can be enforced.
           | 
           | Of course, the simple patch here is to disallow exclusive
           | delivery platform contracts, but I don't see that in this
           | bill.
        
             | propogandist wrote:
             | We're at a point with this pandemic that those who will
             | purchase with delivery platform have likely developed some
             | form of affinity towards a preferred vendor or two.
             | 
             | A bigger issue is that few restaurants will survive through
             | the extended statewide shutdowns. Delivery is meant to be a
             | small route of generating revenue, rather than the sole
             | revenue stream. The overhead costs of a retail storefront
             | and operations will destroy most restaurants, if it hasn't
             | already.
             | 
             | Separately, these delivery apps and services are terrible,
             | unprofitable businesses. None of the platforms have turned
             | a profit despite the once in a lifetime opportunity with
             | all customers being locked inside... all these platforms
             | are optimized to run on VC money as they are garbage
             | ventures that cannot make money. The IPOs are rushed to
             | give VC money a way out of the ticking timebomb.
        
               | ghaff wrote:
               | Unless you think the pandemic has created a significant
               | shift in consumer behavior with respect to takeout--like
               | it probably has with grocery delivery--it's hard to see
               | how delivery companies unable to make money over the past
               | year will do so in the future. And I'm not sure why
               | people would change. The overall take one hears is nice
               | to have (even essential in some views) during pandemic,
               | but expensive and unreliable.
               | 
               | The fact is that mainstream, even upper middle class,
               | consumers won't en masse pay enough for some sorts of
               | services to work when extended beyond the niches when it
               | already does work.
        
             | r00fus wrote:
             | What's preventing them from doing this today?
        
               | rattray wrote:
               | I'm definitely under the impression that exclusivity
               | agreements exist in this industry today. But the fact
               | that some delivery apps list restaurants that haven't
               | signed up with them reduces the power of the exclusivity
               | (since some delivery traffic is coming from these other,
               | "unofficial" apps).
        
           | pseudalopex wrote:
           | Some delivery platforms masqueraded as restaurants to
           | customers and customers to restaurants. How can they opt out
           | if they don't know it's happening?
        
             | anticensor wrote:
             | It reads like what dropshippers did.
        
           | ciabattabread wrote:
           | > Going straight to opt-in seems like it could hurt some
           | businesses.
           | 
           | So, Facebook is indeed right when they say Apple's opt-in
           | tracking prompt will hurt small businesses?
        
             | zepto wrote:
             | Can you explain how this has anything to do with tracking?
        
           | analog31 wrote:
           | I realize you're not suggesting this, but it unnerves me that
           | the way to deal with a weak link in a business is to
           | commandeer that business and blow it out of the water. That's
           | the whole "disruption" culture. All it shows is that a weak
           | business can be destroyed, not that a strong one can be built
           | up.
           | 
           | For a restaurant to work, those basic online things have to
           | be coupled to the production and delivery subsystems. The
           | whole machine has to work. This can only be tested by
           | building a working restaurant.
        
           | bpicolo wrote:
           | How is a business to reasonably identify all the different
           | platforms listing their info without their permission? Opt
           | out isn't a good model.
           | 
           | There's also a _ton_ of these businesses that aren't tech
           | savvy. It's way too big an ask
        
           | brandall10 wrote:
           | If they don't have the time/skill/capital to handle online
           | business on their own, then they can set up a partnership
           | with these companies. That is a minimal effort, no?
           | 
           | The key thing is this deals with a predatory practice.
        
           | save_ferris wrote:
           | > But on the flip side, I've observed a lot of restaurant
           | owners not having the time, energy, or know-how to set up
           | even basic online things that could really boost their
           | business.
           | 
           | Isn't part of being a successful business knowing where to
           | put your energy as a business owner? You're saying that
           | restaurants don't necessarily have the ability to make the
           | best decisions for their business, therefore they should be
           | able to opt-out and not opt-in. The flip side of this
           | argument is that these apps can cause undeserved damage to a
           | restaurant's reputation. How do you know what's best for
           | restaurants?
           | 
           | You're arguing that the onus should be on the restaurant to
           | opt out whenever a delivery platform causes problems, but the
           | onus should be on the delivery platforms to create a product
           | that restaurants, not just consumers, want to use.
        
             | _huayra_ wrote:
             | This is already the case with bigger companies. As is the
             | usual case with a lot "disruptive" firms, that "growth
             | hacking" comes from exploiting some regulatory loophole
             | that no one else has seen yet (e.g. most things related to
             | the "sharing economy").
             | 
             | I'm pretty sure if I just declared myself to be a sales
             | partner (idk the term?) of Cisco, IBM, Oracle, etc and just
             | resold their gear, I'd be in hot water legally because my
             | actions would reflect on them.
        
               | jldugger wrote:
               | >I'm pretty sure if I just declared myself to be a sales
               | partner (idk the term?) of Cisco, IBM, Oracle, etc and
               | just resold their gear, I'd be in hot water legally
               | because my actions would reflect on them.
               | 
               | This is pretty much how local governments buy IT gear.
               | Put out a "I want a router" low volume RFP that the tech
               | companies don't want to bother with, and some local
               | vendor will resell to you. Ideally, they're getting a
               | volume discount and sharing some of it with you at least.
        
               | nradov wrote:
               | There is nothing illegal about purchasing hardware
               | products from those companies and then selling them on to
               | other customers, even without a formal sales agreement in
               | place. This is the first sale doctrine. However software
               | is different and licenses can't necessarily be resold.
        
               | ghaff wrote:
               | And, of course, many hardware products do have software
               | components these days. But, yes, in general you can
               | resell hardware without a formal agreement. You just
               | can't claim to be an authorized partner or reseller given
               | that implies certain training levels, etc.
        
             | rattray wrote:
             | > Isn't part of being a successful business knowing where
             | to put your energy as a business owner?
             | 
             | If you own a small restaurant... are you really in it to be
             | a tycoon of industry? Or are you passionate about the food
             | and the community?
             | 
             | I know I want to spend as little time as possible thinking
             | about sales and marketing, and just focus on improving my
             | product and making my customers happy.
        
               | save_ferris wrote:
               | > I know I want to spend as little time as possible
               | thinking about sales and marketing, and just focus on
               | improving my product and making my customers happy.
               | 
               | That's fine and understandable, but you also have to
               | weigh the risks of delegating those responsibilities to
               | external parties that don't necessarily care about your
               | success because they have thousands if not millions of
               | customers. Not to mention the restaurants that don't want
               | any part of the delivery platforms altogether because
               | they don't like what they're seeing.
               | 
               | In an opt-out model, the restaurant has to take time to
               | deal with (and possibly remove themselves) from a
               | platform that didn't ask for their business, potentially
               | dealing with upset customers along the way. Wasn't the
               | whole point of this idea to reduce time and energy spent
               | on these kinds of activities to focus on the food and the
               | community? If you had no idea that you were on one of
               | these platforms and an angry customer reaches out to you,
               | how does that benefit the restaurant?
               | 
               | It's really strange to see a collectivist for-the-
               | greater-good argument being applied in a business sense
               | here because it's based on two incorrect underlying
               | assumptions: that every business owner wants the same
               | thing (automated marketing and logistics services handled
               | by one provider), and that platforms will always act in
               | the best interests of their users. As a hypothetical
               | business owner, shouldn't I have the right to prevent
               | delivery platforms from using my restaurant without my
               | permission? Say I get a bad experience with a delivery
               | platform once, and I remove myself. Now I have a keep a
               | lookout for any other platform that wants to use my name,
               | all because those platforms made the argument that they
               | know what's best for the restaurants and then didn't
               | measure up. The road to hell is paved with good
               | intentions.
        
               | rattray wrote:
               | > As a hypothetical business owner, shouldn't I have the
               | right to prevent delivery platforms from using my
               | restaurant without my permission?
               | 
               | > The road to hell is paved with good intentions.
               | 
               | We certainly agree on both of these counts!
        
               | bobthepanda wrote:
               | Most small restaurants fail within a year of opening.
               | It's a very tough business.
               | 
               | Some app claiming that you are partnering with them for
               | delivery when that is not the case is not necessarily
               | positive for a business given potential reputational
               | risk.
        
               | chrisseaton wrote:
               | > Most small restaurants fail within a year of opening.
               | It's a very tough business.
               | 
               | Why is that? Seems straightforward - exchange food for
               | money. Why's that so difficult to make work?
        
               | jldugger wrote:
               | As far as I can tell, every home for sale or rent in
               | america requires a kitchen. So basically everyone is in
               | competition with them.
        
               | bobthepanda wrote:
               | 1. there's lots of competition. restaurants are an
               | extremely common business in existence and to start.
               | 
               | 2. product market fit. you think your cooking is good. Do
               | other people think your cooking is good? Do other people
               | think your cooking is worth coming back for in a week, a
               | month, or a year? You can try and do trendy things in
               | food but these trends come and go quickly.
               | 
               | 3. Rent and capital costs. It is expensive to fit a space
               | for a kitchen, so you probably took a loan for that.
               | Landlords are trying to squeeze every dollar they can out
               | of you. There may be cheaper options than a leased space
               | like a food truck or a sidewalk stand, but if they're
               | even legal where you are the permits aren't cheap and
               | there's usually a long waitlist. And better locations
               | with more foot traffic cost more money.
               | 
               | 4. Labor & management. Most people do not have experience
               | running a restaurant's operations, which have to be
               | tightly managed to both keep expenses down and keep
               | service at decent levels. Bad service will turn customers
               | away for good and bad word of mouth can snowball.
               | 
               | 5. Margin. The tendency for new restauranteurs is that
               | they underestimate their expenses and how much margin
               | they need to be making. Prices need to be right for the
               | market you're trying to serve, but you also need to not
               | scare away too many customers. What pencils out in a home
               | kitchen is not necessarily what pencils out in a
               | restaurant.
        
           | tzs wrote:
           | Opt-in doesn't mean the delivery business has to just sit
           | around hoping that restaurants will reach out to opt-in. A
           | delivery business can contact the restaurants to ask them to
           | opt-in.
        
         | bitlevel wrote:
         | Totally agree.
         | 
         | And how about this: If you get food poisoning from a
         | restaurant, you deal directly with them to resolve.
         | 
         | If the food has been delivered by a 3rd party, what rights to
         | resolve would you then have?
         | 
         | Restaurants can simply state that the food was tainted after it
         | left them, delivery firms can state the food from the
         | restaurant was bad, etc etc.
        
           | learc83 wrote:
           | I agree with the sentiment. But you basically have no
           | recourse if you get food poisoning from a restaurant. Unless
           | it's a mass event, there's no way for you to prove it was the
           | restaurant, and even if you could prove it, your damages
           | aren't likely to be enough to sue.
        
             | amluto wrote:
             | Food poisoning has much slower onset than most people
             | think, and, as I understand it, it's very common to blame
             | the wrong food.
             | 
             | I think it would be good to encourage everyone with food
             | poisoning to notify a central authority to collect
             | statistics, but blaming a specific restaurant from a single
             | case is dicey at best.
             | 
             | It's also worth noting that most people expect meat to be
             | the riskiest type of food. In fact, lettuce is much more
             | likely to cause food poisoning.
             | 
             | (Ground beef is indeed more dangerous than solid pieces,
             | but most chain restaurants are pretty careful about their
             | HACCP and are likely to cook it properly. Your average
             | large burger chain won't serve rare beef patties even upon
             | request.)
        
               | bonzini wrote:
               | Food poisoning usually takes 10-15 hours from meal to
               | symptoms. That gives you only a couple of meals to
               | consider.
               | 
               | About ten years ago one third of the office (50 people
               | out of 150) called in sick, it was pretty clear which
               | meal and which restaurant was the culprit.
        
               | amluto wrote:
               | Except when the food poisoning is due to toxins and not
               | pathogens, e.g. scombroid poisoning.
               | 
               | Identifying the culprit is certainly easier when you have
               | a whole group of victims.
        
             | newman8r wrote:
             | I had an old roommate try to sue in-n-out after getting
             | severe food poisoning. It actually went to court - the in-
             | n-out attorney completely destroyed him, he was outgunned.
             | They showed receipts for thousands of people who ate there
             | that day and that there weren't any other cases reported.
             | 
             | Reporting food poisoning if it ever happens to you (even if
             | minor) could be the difference between someone else being
             | believed of being shut down.
        
               | wolco2 wrote:
               | Advice I wish I could give myself. Don't eat out if you
               | can avoid it and if you do go in person, never order in.
               | 
               | In secret someone who cares less about your health than
               | anyone you know prepares hundreds of meals a day and if
               | they don't come in because they are sick they lose money.
               | If they don't try to hide mistakes it will cost them. If
               | they don't save the company money by picking up food off
               | the ground or using yesterdays soup as a base for today's
               | soup they are doing a poor job. There are very few ways a
               | customer can prove these mistakes unless they are visible
               | upon receipt. Poor reviews hidden from the public is the
               | only recourse.
        
               | jfim wrote:
               | > using yesterdays soup as a base for today's soup
               | 
               | That's not necessarily a bad thing. There is such a thing
               | as a perpetual stew [0] in which a stew is replenished
               | with ingredients over months or even years.
               | 
               | [0] https://en.wikipedia.org/wiki/Perpetual_stew
        
               | x86_64Ubuntu wrote:
               | And it's not common at all in today's world, for a
               | reason.
        
               | siltpotato wrote:
               | Well, as parent's parent demonstrates, it _is_ common,
               | just in a different way.
        
               | gamblor956 wrote:
               | A worker coming in sick can be a safety violation if they
               | don't wear the appropriate protective equipment
               | (generally gloves and a mask). Picking food of the ground
               | is a safety violation that could get a restaurant shut
               | down, and moreover would open the restaurant up to civil
               | torts. A restaurant is not going to risk permanent
               | closure to save a few cents on food that falls to the
               | ground, especially not in places where they grade
               | restaurants on food safety.
               | 
               | As for using leftovers: this will shock you, but a large
               | portion of menu items in even fine establishments use
               | leftover items (that were not served to customers).
               | Soups, stews, curries, etc., generally involve
               | perpetually renewed bases, where the previous days
               | leftovers "seed" the new day's mix. The meats in pastas
               | and other starch-heavy dishes are usually trimmings from
               | entrees in which the meat is the star. Meatloaves in
               | restaurants _always_ use leftover meats from the day
               | before. Nearly all breads in bakeries involve the reuse
               | of the sourdough starter, and indeed the concept of
               | sourdough itself is premised on the reuse of the the
               | dough.
        
               | CydeWeys wrote:
               | So your advice is basically to never patronize
               | restaurants? Seems like an awful overreaction to
               | something that almost never happens?
        
               | dghughes wrote:
               | >They showed receipts for thousands of people who ate
               | there that day and that there weren't any other cases
               | reported.
               | 
               | It makes you wonder: did the lawyer call each one of
               | those thousands of people, did anyone get sick but didn't
               | realize it was the burger, time could be an issue too
               | maybe a few lettuce leaves had listeria on them but it
               | only grew to levels after a certain time and temperature.
        
               | jiofih wrote:
               | If that's the case and they did not consistently fail at
               | food safety practices, just a one-off, then we can
               | consider it an accident like any other and the restaurant
               | is not culpable.
        
         | VBprogrammer wrote:
         | More pondering than a serious question; would it make a
         | difference if they didn't rely on the original business name
         | and reputation? For example, if I created a fictitious "Lucky
         | Dog Chinese" and in fact delivered food provided by the "Lucky
         | Cat Chinese" would that be disagreeable? Almost like
         | dropshipping for restaurants.
        
         | mysterydip wrote:
         | This exact thing is happening to one of my favorite local pizza
         | places. Very frustrating for them.
        
           | jimmaswell wrote:
           | They're frustrated by free advertising and new customers?
           | 
           | The smart thing to do is krep taking the business and just
           | put a leaflet in the pizza box/whatever saying ordering
           | directly is cheaper/faster, if that's the case.
        
             | wpietri wrote:
             | > The smart thing to do is krep taking
             | 
             | I think the smart thing to do is to trust that people who
             | have spent years doing a thing have more insight into the
             | topic than a random internet forum participant.
        
             | vectorbunny wrote:
             | Frustrated by people having terrible customer service
             | experiences associated with their business but completely
             | out of their control.
        
             | danso wrote:
             | Maybe there's more involved than getting "free advertising
             | and new customers". As in, "there ain't no such thing as a
             | free lunch."
        
             | jimktrains2 wrote:
             | Perhaps frustrated that someone is doing business as them
             | using their copyright and trademarks? These companies are
             | basically commiting fraud, and any bad experience reflexts
             | on the restaurant, not the delivery company.
             | 
             | Sometimes the restaurant doesn't know that something is
             | being ordered via another channel and cannot add sufh a
             | slip.
        
             | jiofih wrote:
             | That "free" advertising is competing with your own channels
             | (without the 30% commission).
             | 
             | Also there are uncountable reports of them fucking up the
             | delivery itself by not having appropriate containers, when
             | the restaurant they are dealing doesn't actually do
             | deliveries. That will _lose_ you customers and hurt your
             | brand.
        
               | wolco2 wrote:
               | Perhaps add a 30% markup fee for any grubhub customer or
               | ubereats customer based on payment info or familiar
               | faces/cars.
        
               | cleak wrote:
               | I'm confused. How is GrubHub getting a 30% commission out
               | of restaurants that don't actively partner with them?
        
               | CydeWeys wrote:
               | They inflate menu prices and add additional service and
               | delivery fees. You end up spending $50 on a meal that
               | should be $30, and if you were shopping by amount of
               | money spent (as many people are) then the net result is
               | $30 going to the restaurant instead of all $50 you were
               | willing to spend.
        
               | cleak wrote:
               | Sure, but that's not actually a commission from the
               | restaurant. The restaurant earns the same amount
               | regardless of if it was true takeout or GrubHub (for
               | folks that haven't opted in to being partners).
        
               | listenallyall wrote:
               | sorry but at some point it's on the customer. if they are
               | so price-insensitive that they are willing to pay $50 for
               | $30 of food, they are too lazy to cross-reference the
               | price, or shop around, or just go pick it up themselves,
               | then I have no issue with the delivery service milking
               | them for whatever the customer is willing to spend.
        
               | nirushiv wrote:
               | I think they mean that other partnered restaurants get
               | 30%. I could be misreading it though.
        
               | jiofih wrote:
               | They only do this ruse for a while, then after
               | controlling a good chunk of the business they "sell"
               | their services officially to the restaurant, including
               | commission. It's not a charity.
        
               | cleak wrote:
               | But it's up to the individual restaurants to agree to
               | this. There's no automatic 30% commission. If a delivery
               | company wants to burn their capital offering discounts,
               | why stop them? The restaurant is under no obligation to
               | sign a contract taking on the burden of kreping those
               | discounts.
        
               | jiofih wrote:
               | Very naive view. They will be "strongly incentivized" to
               | sign once the company can threaten to pull their listing
               | off and vanish 50% of their customer base. Nothing new
               | here, standard growth playbook.
        
               | tw25601814 wrote:
               | If it's such a bad deal, why is the restaurant continuing
               | to service orders from the food delivery platform? It's
               | not like they don't know who's placing the order.
        
         | tempsy wrote:
         | In n Out has been a notable hold out from delivery apps for
         | this reason.
        
         | CydeWeys wrote:
         | It's also undeniably a good thing for customers as well. Using
         | an unexpected intermediary in a transaction is a terrible
         | experience. If I see a restaurant on GrubHub then I want to
         | _know_ that that restaurant wants orders coming through
         | GrubHub. Otherwise, I 'll be much better off calling up the
         | restaurant directly. As it stands, I currently have to use
         | Google Maps as my restaurant portal, using the restaurant's
         | website or phone number to figure out how to place orders. Only
         | if their website is or links out to a 3rd party like GrubHub do
         | I then actually use GrubHub.
         | 
         | But if GrubHub only showed restaurants that were actually
         | delegating their delivery to GrubHub, then I could use it as a
         | portal. Right now it's not trustworthy for that purpose.
        
           | jonnycomputer wrote:
           | Honestly, I had thought that it was a partnership. For one,
           | only a rather small subset of the restaurants in my area show
           | up on Grubhub. I imagined that outsourcing the delivery
           | function of their business would be a net win.
        
             | ghaff wrote:
             | Around where I live, the listed restaurants seem to be
             | mostly chain fast food restaurants. The local pizza place I
             | order from doesn't seem to be listed nor are most of the
             | other local take-out restaurants I would recognize the
             | names of from driving by. I've looked because one of my
             | credit cards gave me a free DoorDash subscription and
             | there's literally nothing I'm interested in.
        
         | shadowgovt wrote:
         | What if I put myself in the shoes of the consumer?
         | 
         | Now if a restaurant doesn't offer delivery, can I still get
         | delivery?
        
         | imtringued wrote:
         | Yeah it's extremely weird. Nintendo will call lawyers on you if
         | there is even a hint of a trade mark violation yet when
         | restaurants are directly being defrauded there is no recourse.
        
           | ryandrake wrote:
           | The difference being: Nintendo has entire buildings full of
           | lawyers just waiting for the go-ahead to crush out your life
           | with lawsuits, while Pam's House Of Burgers has trouble
           | making payroll every week and has never hired a lawyer since
           | its founding.
        
         | ummonk wrote:
         | Why does that require anything other than enforcement of
         | existing trademark law?
        
           | [deleted]
        
           | syshum wrote:
           | Why enforce existing law, we can you use this opportunity to
           | create ever more complex laws to ensure stake holders that
           | already abused to the condition the law is purporting to
           | address can maintain their advantage and ensure no new
           | entrants to the market
           | 
           | That is all this does, it protect GrubHub, DoorDash and other
           | large players from competition
        
             | jakelazaroff wrote:
             | How, specifically, does this protect GrubHub/DoorDash/etc?
        
               | syshum wrote:
               | this law is designed to protect those companies who
               | already made billions on abusing existing laws by making
               | it seem like what they did was legal, a "loophole" in the
               | law that is now "closed" for new competitors
               | 
               | They are not "new entrants" in the market, they have a
               | network effect now so it will be preferable to them to
               | sign exclusive deals with restaurants to further ensure
               | there can not be any competition
        
               | SamoyedFurFluff wrote:
               | So the alternative should be that we should continue to
               | funnel VC money into every new predatory impersonation
               | business?
               | 
               | Sometimes it really is a loophole that is now closed, and
               | the government can't subsequently dissolve all companies
               | they've used it, they can only ask companies to stop.
        
           | TeMPOraL wrote:
           | The problem doesn't seem that related to trademarks to me.
           | These app delivery platforms are impersonating companies, not
           | selling their own products under someone else's brand. The
           | food comes from where they claim it did. The issue with
           | impersonation is that customers who got worse experience
           | (cold food, long delivery, etc.) end up blaming the
           | restaurant for it, even though the restaurant had nothing to
           | do with it.
        
             | sokoloff wrote:
             | How is trading under the cover of someone else's mark not a
             | trademark issue? If I'm representing myself as selling
             | "TeMPOral Pizza" for delivery, the fact that I'm actually
             | delivering pizza made at the TeMPOral Pizza Shop isn't
             | entire cover.
             | 
             | If I opened up a shop in the mall with giant lit white
             | Apple logos, the fact that I sold genuine Apple product
             | inside would not absolve me of trademark infringement.
             | 
             | (Trademark violations are more than just counterfeit
             | items.)
        
               | roywiggins wrote:
               | Yeah, if you try that with a megacorp, they'll drag you
               | up and down the courts until you give up:
               | 
               | https://www.theguardian.com/world/2017/jun/09/pirate-
               | trader-...
        
           | eli wrote:
           | It isn't working. This isn't a hypothetical problem.
        
           | sgustard wrote:
           | The app could say "we deliver from the Greek place on Main
           | Street" to avoid using the trademark, but still be in
           | violation of the new law.
           | 
           | Also, many restaurants can't get a trademark. My favorite
           | local place is "Joe's Pub" but I don't imagine that's a
           | unique name.
        
           | vkou wrote:
           | Because most restaurant owners want to be in the business of
           | running a restaurant, not litigating some out-of-state
           | entities with billion-dollar warchests.
           | 
           | Doing the former is working two full-time jobs, as is.
        
             | tylersmith wrote:
             | Them not wanting to handle their own problems is not a
             | reason for the State to subsidize solutions for them.
        
               | vkou wrote:
               | The entire purpose of legislature is to _legislate_
               | solutions to problems that society faces.
        
             | Frost1x wrote:
             | People tend to forget how critical resources are in our
             | country to rights. You often need time, money, expertise,
             | etc. to enter legal battles and if the costs of those
             | resources outweigh the benefits, you often allow your legal
             | rights to be infringed. Pursuit of some rights are cost
             | prohibitive because everything in the US is so tightly tied
             | to finances.
             | 
             | Many of your rights in the US are directly tied to your
             | financial resources, not only in the sense that you have
             | the resources to litigate or absorb failed litigation but
             | even in the sense that those with massive financial
             | resources essentially buy their own rights through
             | legislation.
             | 
             | Let's not pretend the justice system doesn't have
             | underlying flaws that allow justice to skew one way or
             | another from money alone because it does. If you're on
             | trial for a serious offense, you're probably not going to
             | use a public appointed attorney if you can avoid it because
             | we know how the legal system works and how financial
             | incentives will attract better legal representation in the
             | private sector than those for public appointment.
             | 
             | This idealized and fictionalized system where I can walk
             | into a court of law and defend myself or use a public
             | appointed counsel and 'win' as long as I've done nothing
             | illegal or unjust is a laughable joke for many legal
             | battles, especially those of more significance.
        
           | mschuster91 wrote:
           | Because many restaurant owners don't even think about
           | trademarks, or their names are too "generic" to be allowed to
           | trademark.
           | 
           | The usual exception are the franchise operations (mcdonalds,
           | BK, subway, kfc, ...) because these are thought from the
           | start to be exclusive.
        
           | s_dev wrote:
           | Despite the downvotes -- I think there is a genuine question
           | here. There isn't the need for more laws just enforcement of
           | existing ones.
           | 
           | Purporting to represent someone elses business is an
           | egregious infringement of trademark.
        
             | kelnos wrote:
             | I would guess that most non-chain restaurants don't own a
             | trademark for their name. It's an expensive process that
             | many likely can't afford.
        
               | johncolanduoni wrote:
               | In CA the business will get common law trademark rights
               | in their geographical area just by virtue of doing
               | business under that name, but they would still need to
               | sue the delivery companies which have in house counsel
               | for these kind of things.
        
               | paul_f wrote:
               | In the US you are not required to register your trademark
               | in order to enforce it. However, you do get some
               | additional protections. The cost is $225 and it is good
               | for 10 years
        
             | NineStarPoint wrote:
             | The answer is likely that our legal system is too expensive
             | for local restaurant owners to afford the cost of suing a
             | grubhub sized company. Restaurants are a business
             | notoriously prone to failure and low margins. Maybe a class
             | action lawsuit would work in this case, but mostly it's
             | just another case where the legal system needs to be fixed
             | to rely less on having money for justice to occur.
        
               | wegs wrote:
               | Two things which would help are:
               | 
               | 1) Allow both private and public right-of-action for most
               | laws. If the AG is busy, I should be able to sue. If I
               | can't afford to sue, an AG should be able to take it up
               | on my behalf.
               | 
               | 2) Go back to circa 1800 style courts, where you don't
               | need a lawyer to represent you. You both make your case
               | to the judge. Not too much procedure. Perhaps extending
               | small claims court up to $100,000 would do much of the
               | same.
        
               | syshum wrote:
               | This is what Class Actions, and Business organizations
               | are suppose to be for
               | 
               | Also nothing is stopping the AG of the state from forming
               | a Fraud case agaist the major players.
               | 
               | The excuse of "well the courts cost too much money" is
               | not abated by creating even more complex laws that will
               | still require an expensive lawyer to enforce
               | 
               | in reality this law is designed to protect those
               | companies that already made billions on abusing trademark
               | laws by making it seem like what they did was legal, a
               | "loophole" in the law that is now "closed" for new
               | competitors
        
               | jeltz wrote:
               | Expect class action obviously does not work, because is
               | not like existing laws have stopped it. But yes, the
               | solution might not be more laws but rather overhaul of
               | the legal system to make it possible to enforce existing
               | laws.
        
             | Ensorceled wrote:
             | Do you think there is a trademark police force that you can
             | call to enforce your trademark? Trademark is a civil matter
             | and realitively pretty expensive to pursue. If you're a
             | restaurant who just laid off half your staff due to COVID,
             | how do you engage a trademark lawyer?
        
             | MisterBastahrd wrote:
             | It's not a genuine question.
             | 
             | Companies shouldn't have to manufacture lawsuits every time
             | a hostile third party wants to screw over their customers.
             | 
             | This law is both pro-business AND pro-transparency.
        
             | kenjackson wrote:
             | How does it violate trademark law to say that "we will
             | deliver food from restaurant X"? It seems clear to the
             | customer who is providing the goods vs the service. What's
             | not clear is if there is an agreement, which is what this
             | new law makes clear.
        
           | Causality1 wrote:
           | Because civil laws only protect people rich enough to hire
           | lawyers.
        
             | weego wrote:
             | I don't know why this is getting down voted, its absolutely
             | naive to assume this isn't how it plays out in the real
             | world.
        
               | SpicyLemonZest wrote:
               | It's getting downvoted because it seems to be phrased in
               | a deliberately inflammatory way. You can (and others
               | downthread have) express the same idea that many
               | restaurants can't afford the expense in a manner more
               | likely to lead to productive discussion.
        
             | Ensorceled wrote:
             | This should not be down voted. The idea that a popular
             | little family owned and operated Indian restaurant named
             | "Bombay Curry" and still reeling from COVID-19 restrictions
             | can some how sue Skip the Diehes or Uber Eats for Trademark
             | infringement is absolutely ludicrous.
        
               | jeltz wrote:
               | Yeah, Uber is a company which is involved in legal
               | battles with governments all over the world. I am sure
               | they would make it a real pain to sue them. The idea of
               | restaurants prusuing trademark cases against Uber is
               | ridiculous.
        
             | eloff wrote:
             | Yeah, this is the legal system in a nutshell. Don't think
             | you're safe in any meaningful way because the law says so.
             | At the end of the day you would have to litigate it
             | yourself and that is usually not worth it unless the
             | offense is truly egregious.
             | 
             | Against an adversary with deep pockets like a corporation,
             | you can lose even if you win. This is how patent trolls
             | extort companies, litigating a patent suite is usually a
             | seven figure endeavor. And there's no guarantee you win.
             | It's cheaper to pay the licensing free from the trolls, who
             | are smart enough to make sure it's always less than the
             | cost of litigating.
        
             | [deleted]
        
           | MichaelApproved wrote:
           | Creating and defending a trademark is very expensive.
           | 
           | Many restaurants would prefer not to spend this money just to
           | prevent unauthorized listings.
           | 
           | They'd rather delegate the responsibility of preventing
           | unauthorized listings to the state attorney who has more
           | resources and expertise.
        
             | kgantchev wrote:
             | That's not true. A trademark costs around $300:
             | https://www.uspto.gov/trademark/trademark-fee-information
             | 
             | Enforcing it is free: you can send your own cease and
             | desist for free. The only time you need a lawyer is if they
             | refuse and you want to sue them. If the court rules in your
             | favor, you can even sue them for the legal costs and costs
             | of damages.
        
               | ineedasername wrote:
               | And when the massive corporation that rose to dominance
               | by ignoring local laws also ignores your DIY cease &
               | desist letter, you're out $300. Heck, they'd ignore it if
               | a lawyer wrote it too. Filing a lawsuit would be
               | required, which they'd also ignore and delay as much as
               | possible, far more than the local pizzeria can afford,
               | until there was a class action.
        
               | ratww wrote:
               | Sorry for the cynicism, but I really don't understand why
               | is it ok to ask small restaurants to spend $200-300 bucks
               | and send a cease and desist letter, but it's not ok for
               | the law to ask investor-backed startups to make a
               | friendly contact to those same restaurants before using
               | their brand.
               | 
               | In the end it's less work for the investor-backed
               | business, since with the C&D route they would need to
               | register domains or create pages for restaurants that
               | don't want the service only for their (very expensive!)
               | legal department to receive a letter so they can delete
               | everything.
               | 
               | I mean just send an email to the restaurant so they can
               | submit an authorization beforehand... tell them the
               | advantages, let them make the decision...
        
               | wpietri wrote:
               | Is this something you have personally done? Because this
               | sounds like an internet fantasy to me.
               | 
               | But suppose we indulge your fantasy. A restaurant owner,
               | who is already incredibly busy, decides to figure out how
               | to register a trademark and sends the cease and desist.
               | The venture-backed startup's in-house counsel looks at
               | it, sees that it was written by an amateur, and just
               | laughs. Now what?
        
               | Timpy wrote:
               | I don't think Uber Eats has a support page that says
               | "Submit your amateur cease and desist letters here". A
               | $300 trademark is a cheap business expense, using it to
               | scare away massive corporations is expensive.
        
               | privong wrote:
               | > Enforcing it is free: you can send your own cease and
               | desist for free.
               | 
               | Enforcing it is free if your time is free.
        
               | novaleaf wrote:
               | time, and knowledge of how to write such a letter in a
               | way to seem "serious legal threat"
        
         | dheera wrote:
         | Not to mention the delivery apps _dishonestly_ jack up listed
         | prices, as seen on these 2 screenshots taken within the same
         | hour: https://i.imgur.com/2HVXhvZ.png
         | 
         | Then they have the guts to charge: - delivery fees ON TOP of
         | that - then a service fee (WTF? you just charged for delivery
         | service) - then a CA driver benefits of exactly $2.00 (why is
         | it an exact whole number? is every cent of that going toward
         | health insurance?) - small order fee - rush hour fee ...
        
           | cleak wrote:
           | The key issue around all of this is transparency. Itemize
           | costs, be clear how much money goes to each party, and state
           | up front if you're not affiliated.
        
         | LudwigNagasena wrote:
         | Was impersonation legal in California before this law?
        
           | SamoyedFurFluff wrote:
           | No, but this protects small restaurant owners regardless if
           | they are a legal entity with trademarks to protect.
        
         | mytailorisrich wrote:
         | You are skipping quite a few steps here by jumping to
         | "impersonating a business online", which I suspect is already
         | illegal.
         | 
         | This bill says that it would be illegal to pick food on behalf
         | of someone else without the restaurant's agreement (if you're
         | an online platform). The is no question of dishonesty or
         | impersonation, just of offering this service.
         | 
         | This is quite an extreme restriction, IMHO, and seems to be a
         | kneejerk and simplistic response to a perceived problem.
         | 
         | On the other hand, the problem of online reviews is separate
         | and should be addressed specifically, IMHO. At the moment it's
         | the wild West and a breeding ground for defamation. Maybe
         | regulating this should get more attention from lawmakers
         | (though I realise that in the US the 1st Amendment may make
         | this difficult).
        
           | XorNot wrote:
           | Why? The practice involved is in response to the absolute
           | garbage of misrepresentation of a restaurant's telephone
           | number to be intercepted by your own call centre's.
        
             | ozim wrote:
             | Because if would like to have a honest delivery service
             | that is not faking some restaurant, with the new law you
             | will not be able to provide such service.
             | 
             | It will be a lot more hassle to pick up something.
        
               | Ekaros wrote:
               | I don't think it is anyway unreasonable for such service
               | to come to agreement with the restaurant. And absolutely
               | beneficial for both parties.
        
               | mytailorisrich wrote:
               | The question is whether it should be _required_.
               | 
               | If a restaurant welcomes takeaway orders then whether you
               | order and collect in person or hire someone to do it on
               | your behalf is irrelevant.
               | 
               | That's why I think this bill is ill-thought-out.
               | 
               | If there are shady practices taking place then they
               | should be dealt with with existing legislation and, if
               | needed, with new legislation specifically targeting these
               | practices. Instead, I suspect this will only restrict
               | services and competition, which ultimately won't be
               | beneficial for consumers and restaurants alike.
        
               | SamoyedFurFluff wrote:
               | > If a restaurant welcomes takeaway orders then whether
               | you order and collect in person or hire someone to do it
               | on your behalf is irrelevant.
               | 
               | This is a big if, because existing outcry already belies
               | that this assumption is actually not reality.
               | 
               | Besides, if that's the case it should be super easy to
               | call the restaurant and ask to be a partner. You can mail
               | them stickers to advertise for your delivery platform by
               | pasting it on their doors/windows. "Official GrubHub
               | partner" could even be a badge of legitimacy because
               | GrubHub needs to protect their reputation as a source of
               | good restaurants.
        
               | mytailorisrich wrote:
               | It is not an assumption. It is irrelevant to the
               | restaurant. The "outcry" is not about that, it's about
               | shady practices and some problems with online reviews,
               | which partly stem from said shady practices, and partly
               | because some people are not understanding the service
               | (this bill won't change that).
        
               | ghaff wrote:
               | All they have to do is get permission from the
               | restaurants.
        
               | lkbm wrote:
               | That's an extra amount of work that keeps new, small
               | players from entering the field. As with a lot of
               | regulation, this is designed in a way that favors large
               | incumbents.
        
               | ghaff wrote:
               | Eh, food delivery is a pretty local business. In fact, if
               | I wanted to compete with these VC-backed companies, I'd
               | probably do something like partner with local restaurants
               | whose food traveled well, come up with some good
               | packaging, etc. Of course, that's not scalable and
               | disruptive.
        
               | wruza wrote:
               | >food delivery is a pretty local business
               | 
               | ?? Food is a pretty local business, but delivery is not.
               | You could say that person delivery is local too, because
               | people mostly transport locally, but e.g. Uber is still
               | global.
        
               | ghaff wrote:
               | To a first approximation, I _only_ care about food
               | delivery to my house. To a first approximation, I _only_
               | use Uber for places other than around my house.
               | 
               | I grant that there are some economies of scale to having
               | an app that companies in different cities can make use
               | of. But I don't see that as requiring a nationwide
               | company for the actual food delivery.
        
               | [deleted]
        
             | lkbm wrote:
             | > Why? The practice involved is in response to the absolute
             | garbage of misrepresentation of a restaurant's telephone
             | number to be intercepted by your own call centre's.
             | 
             | Sure, that's bad and _that_ should be banned. But that 's
             | not the practice banned. What got banned is me paying
             | someone to pick up my food for me.
             | 
             | I could still run a website that misrepresents the
             | restaurant's telephone number and intercepts your calls. I
             | can take your order (at a mark-up) and relay that order to
             | the restaurant. They'd just make me pick it up.
             | 
             | You could ask why would I use that service. Maybe for the
             | convenience of being able to order from any restaurant from
             | a single website. Maybe I wouldn't. Maybe they give me
             | rewards points. Maybe there's a discount and they just want
             | to harvest my data.
             | 
             | But really. it's irrelevant why/if I'd use the service. The
             | problem is that the law doesn't address the one thing
             | you've pointed out as absolute garbage. It _only_ bans the
             | part that _isn 't_ terrible.
        
               | jakelazaroff wrote:
               | That's not what the law does. It addresses the problem GP
               | pointed out, and it bans the service you've described as
               | well. It also doesn't forbid you from paying someone to
               | pick your food up for you.
               | 
               | Here's the relevant text:
               | 
               |  _> 22599. A food delivery platform shall not arrange for
               | the delivery of an order from a food facility without
               | first obtaining an agreement with the food facility
               | expressly authorizing the food delivery platform to take
               | orders and deliver meals prepared by the food facility._
        
               | lkbm wrote:
               | That says that I can't arrange for delivery without
               | approval to take orders and provide delivery. It doesn't
               | imply that I need approval to take orders if I'm _not_
               | providing delivery.
        
               | mytailorisrich wrote:
               | Who's going to setup a food pickup business in 2021
               | without being an online business? "please fax your order
               | and card details"?
               | 
               | This bill does not require restaurants' permission if
               | you're not an online business, that's true, but in
               | practice that's not really any use to avoid having to get
               | permission.
        
               | jakelazaroff wrote:
               | I don't understand what you're getting at. The entire
               | point of this law is to make online delivery platforms
               | get permission from restaurants before taking orders on
               | their behalf.
        
               | mytailorisrich wrote:
               | Everyone is an online business in 2021. This bill in
               | effect requires all food order and pickup businesses to
               | get permission from restaurants.
               | 
               | Clearly this looks attractive to many commenters but it
               | won't solve any of the problems, real or not, and will
               | only raise barriers to entry and entrench incumbents
               | without providing benefits to consumers or restaurants
               | (apart from allowing restaurants to seriously limit the
               | number of customers, which is their right and some do
               | wish to do that)
        
               | jakelazaroff wrote:
               | You're phrasing it as if requiring all food delivery
               | platforms to get permission from restaurants is an
               | unintended side effect, but again, it's the _entire
               | point_ of the law.
               | 
               | As to the problem this solves, there are plenty of links
               | on HN alone detailing the harm that these delivery
               | platforms have done to consumers and restaurants both.
        
               | mytailorisrich wrote:
               | Consumers clearly don't think that these platforms are
               | doing them any harm considering how popular they are.
               | Consumers like to be able to order from home through an
               | app from a wide range of restaurants.
               | 
               | This is actually the problem restaurants are facing: How
               | to adapt to change technology and consumers habits? A bit
               | like traditional taxis were blown out of the water by
               | Uber.
               | 
               | Restaurants don't have to offer delivery/takeaway, and
               | indeed traditionally they don't (at least in Europe).
               | They'll have to decide how to adapt and that may include
               | focusing on the in premises experience instead of chasing
               | online sales.
               | 
               | But, again, this bill does not solve problems, and may
               | actually be counter-productive as already explained, and
               | you're certainly not giving me an example to the
               | contrary.
               | 
               | As a side note, and something to consider: these
               | platforms are very good for the taxman as they make tax
               | evasion all but impossible (and I suspect that has a
               | financial impact on more restaurants that they wish to
               | admit).
        
               | jakelazaroff wrote:
               | I'd like to focus on this particular argument, because
               | it's a fallacy I see a lot:
               | 
               |  _> This is actually the problem restaurants are facing:
               | How to adapt to change technology and consumers habits?_
               | 
               | The implication is that technology is an inevitable,
               | uncontrollable force. But of course that's not true: _we_
               | create technology and the laws around it. Restaurants
               | only need to adapt because GrubHub, et al. have decided
               | they want to shape technology and consumer habits in a
               | way that makes their VC investors money. It makes no more
               | sense to ask restaurants to adapt than it does to tell
               | tech companies that they can 't change technology like
               | this.
               | 
               | Put another way: delivery platforms are pissing on
               | restaurants and telling them that it's raining. We can
               | either tell restaurants to suck it up and carry umbrellas
               | now, or we can tell delivery platforms to stop pissing on
               | them. I'd prefer the latter.
        
               | mytailorisrich wrote:
               | That is not a fallacy. That what has been happening, is
               | happening, and will happen. The world is always changing
               | and this is indeed inevitable.
               | 
               | I am puzzled by you putting the blame on these platforms.
               | As said consumers like the service, if they didn't these
               | platforms would have been forgotten failed experiments by
               | now.
               | 
               | Who are you to decide that this is wrong and that people
               | should not be able to order food for home delivery?
               | 
               | You are also ignoring another already stated point:
               | Restaurants are not required to offer takeaway. They do
               | it if they so decide. If you're a restaurant owner and
               | don't like takeaway then just don't offer it and focus on
               | the 'traditional' experience.
               | 
               | It is quite neutral, really. Different, but not
               | inherently better or worse than it was.
               | 
               | We should be careful not to make this an emotional and
               | ideological issue.
        
               | jakelazaroff wrote:
               | The world changing is inevitable, but the manner in which
               | it changes is not -- especially with regard to
               | technology, which is created entirely by humans.
               | 
               | But that's not even the issue at hand. The actual
               | _technological_ change -- aggregating restaurant menus
               | and allowing consumers to order from them via one
               | interface -- is orthogonal to the discussion here. We 're
               | talking about the specific business practices that
               | companies implementing that technology have settled upon.
               | 
               | I'm putting the blame on platforms because the change
               | they're pushing involves predatory behavior without
               | consent of the restaurants. That wasn't inevitable in any
               | way -- it was a deliberate choice made by delivery
               | platforms to redirect money from restaurants to their
               | investors.
               | 
               |  _> Who are you to decide that this is wrong and that
               | people should not be able to order food for home
               | delivery?_
               | 
               |  _> You are also ignoring another already stated point:
               | Restaurants are not required to offer takeaway._
               | 
               | These are both straw men. No one is saying that people
               | shouldn't be able to order delivery. No one is saying
               | that restaurants are forced to offer takeout. No one is
               | even saying that delivery platforms shouldn't exist!
               | 
               | The point is that the onus should be on delivery
               | platforms to get restaurants to _opt in_ , not on
               | restaurants to be vigilant against predatory middlemen
               | moving in without warning. That's where this starts and
               | ends.
        
               | alisonkisk wrote:
               | Why should a restaurant be allowed to ban me from hiring
               | someone to deliver for me?
        
               | SamoyedFurFluff wrote:
               | Are you a delivery platform? The law only applies to
               | delivery platforms. If you want to hire an individual
               | contractor(or just casually pay your buddy 3$ to pick up
               | a pizza for you) you can still do so.
        
               | [deleted]
        
         | m3kw9 wrote:
         | If my resturant didn't sign up for a middle man, don't force
         | yourself in between. That seems reasonable
        
           | jstanley wrote:
           | But they're not _forcing_ themselves in between. All the
           | customers you already had are still going directly to you.
           | They 're just widening the pool of potential customers.
        
             | colejohnson66 wrote:
             | By _lying_. In-N-Out is infamous for dealing with this.
             | They sued one of the delivery sites for trademark
             | infringement. "But why?" you might ask. Because customers
             | are dumb sometimes and would blame In-N-Out when their food
             | arrived cold of their milkshakes melted.[a]
             | 
             | Sure, In-N-Out was getting more money, but it was hurting
             | their brand (which caused money loses). They never approved
             | being on the site, but that didn't stop the site from lying
             | and pretending In-N-Out was a "partner".
             | 
             | [a]: Think Amazon with the stupid 1-star reviews for being
             | "late" or "shipping box damaged". It hurts the brand of the
             | product being sold.
        
               | jstanley wrote:
               | Sure, I completely agree. They shouldn't lie.
               | 
               | I was arguing that they're not "forcing" themselves in
               | the middle of any transaction. They're a separate route
               | for the transaction.
        
           | listenallyall wrote:
           | Careful there... Apple (or any manufacturer) could say the
           | same thing about Ebay. Any sports team or band could say it
           | about Stubhub. Nike could say it about StockX.
        
             | chongli wrote:
             | I think we can carve out an exception specifically for food
             | and food services. Why? Because of the extremely limited
             | shelf life of hot food. That's what sets it apart from your
             | other examples.
        
               | zackkitzmiller wrote:
               | Lots of items have incredibly short shelf-lives as well.
               | I spent nearly a decade in the live event ticketing
               | industry so I'll focus on that.
               | 
               | A significant precent of ticket sales are last minute. A
               | friend tagging a long or someone waiting for prices to
               | drop. Food spoils and looses quality fast, but so do good
               | from many industries. I think carving out an exception
               | for food is potentially a slippery slope.
               | 
               | It would probably be better to carve out exceptions for
               | any item that could potentially be worthless after some
               | amount of time. Live event tickets, food, travel, etc.
        
               | listenallyall wrote:
               | Your "why" is totally arbitrary. Shelf life? Why not
               | dollars? Apple could say it should receive extra
               | protection because it loses 1000+ dollars every time an
               | unauthorized MacBook Pro or iPhone 12 is sold outside of
               | the channels that it controls. (I don't believe that is
               | entirely true, but it's how Apple would argue it) Whereas
               | unauthorized food deliveries are dealing in the tens of
               | dollars, and further, the restaurant is never totally cut
               | out of the loop, since previously-consumed food can't be
               | resold.
        
               | gamblor956 wrote:
               | The distinctions are only arbitrary in the fantasy world
               | where an iPhone is remotely similar to a burger.
               | 
               | Food products, especially restaurant foods, are regulated
               | differently than non-food consumer goods. And have been
               | for over a century. There are licensing requirements,
               | safety requirements, and other rules that apply to
               | restaurants that don't apply to other businesses.
               | 
               | And those "arbitrary" laws make all the difference in why
               | unapproved middlemen should not be allowed for restaurant
               | foods.
        
               | ghaff wrote:
               | Actually, Stubhub is a little complicated in that, for
               | example, sports season tickets can have conditions
               | attached to them. Stubhub has lost a couple of court
               | cases around that.
        
               | tw25601814 wrote:
               | The law does not set any health standards on food
               | delivery platforms.
               | 
               | Restaurants will have to sign up with each delivery
               | platform, and/or delivery platforms will have to sign up
               | each restaurant. Either way, the net effect will be to
               | protect the extant food delivery platforms from new
               | competition.
        
             | jimktrains2 wrote:
             | None of those examples claim to be, or otherwise tey to
             | make you think they are, an official outlet for those
             | goods.
        
               | listenallyall wrote:
               | Sure they do, of course ebay hosts used items but they
               | also promote direct manufacturer-to-customer sales for
               | many products. Stubhub actually does sell plenty of seats
               | that were never otherwise available to the public,
               | further, with their stadium maps and use of team names,
               | etc, plenty of people might assume they are buying
               | tickets via an official or authorized channel. StockX you
               | likely have a point -- but it still doesn't mean that
               | Nike approves of it and wouldn't try to shut it down if
               | given some statutory assistance meant to target
               | restaurants but written a bit too broadly.
        
               | jimktrains2 wrote:
               | I would argue that the average person would not consider
               | ebay an official vendor for a brand like Amazon. Ebay is
               | set up to make the seller prominent. (Moreso than amazon
               | does, I would argue.)
               | 
               | I haven't used StubHub in a while, but if they have move
               | to being a first party distributor in some cases, i could
               | see some confusion arising for a consumer.
        
               | listenallyall wrote:
               | The funny thing is, Amazon is a terrible example, since
               | lots of stuff there is actually being sold by 3rd
               | parties, not by Amazon itself, and not with any
               | authorization from the manufacturer.
               | 
               | example: https://www.amazon.com/Rolex-
               | Datejust-126303-Silver-Bracelet...
               | 
               | would you shell out $13,000 for this watch from
               | "AUTHENTIC WATCHES"? Are they authorized to sell Rolexes?
               | Do they have any "arrangement" with Rolex? Would Rolex
               | honor its warranty after this sale? Is the watch even
               | new?
        
               | jimktrains2 wrote:
               | My point is that amazon makes it difficult to see who
               | exactly youre buying from and to know that you're getting
               | it from that seller under many circumstances.
               | 
               | Also, there is the first sale doctrine, so they most
               | likely do not need to be "authorized" to sell by Rolex
               | unless you can only purchase a rolex by signing away the
               | roght of first sale. (I'm not sure that's possible to do
               | and am sure it's come up with Tesla, but haven't looked
               | for any relevant cases.) (Whether or not you trust that
               | seller enough to give them that kind of money is a
               | separate issue; I do not.)
               | 
               | This isn't about these companies reselling food, its
               | about them acting as an agent of the restaurant when they
               | are not. They're also not selling me a "cheese pizza" for
               | delivery and giving me one from a local place, they're
               | selling me "company X's cheese pizza" for delivery, when
               | Company X may not want their pizza delivered and has no
               | knowledge of their listing by this company acting as
               | their agent.
        
               | [deleted]
        
               | [deleted]
        
               | [deleted]
        
             | sammax wrote:
             | It would be the same thing if the delivery company was
             | operating as a resale marketplace for used food ;)
        
             | jdeibele wrote:
             | The First Sale Doctrine [1] is what prohibits Apple or any
             | manufacturer from preventing me selling my Mac on eBay.
             | 
             | It used to be that you could buy or sell airline tickets to
             | people. There used to be ads in the newspaper classifieds.
             | The airlines are very happy that that's not possible now.
             | 
             | Absolutely many companies in many industries would be happy
             | to prevent people from doing X, both from a quality control
             | and profit-maximizing perspective.
             | 
             | But if I buy a ticket from StubHub or a scalper on the
             | street, the experience should be the same. Having a
             | delivery company insert themselves into the process means
             | they make accept orders where they don't have enough
             | drivers, have to transport it too far from the restaurant
             | to the customer (many/most restaurants have limits on
             | delivery area for time/quality), etc.
             | 
             | So this seems completely different because the delivery
             | companies are inserting themselves into the process as
             | though they were endorsed by the restaurant.
             | 
             | https://www.justice.gov/archives/jm/criminal-resource-
             | manual...
        
       | coding123 wrote:
       | Great way to shut out any new competition in the space.
        
       | st1x7 wrote:
       | Threads like this one remind me just how different the US is from
       | Europe. It's astounding to think that it was even possible until
       | now for delivery apps to operate in this way, or that this is
       | somehow a controversial issue.
        
         | wasdfff wrote:
         | Thanks to the lobbying system, most laws and regulation in the
         | US serve to protect and enrich moneyed interests beyond all
         | else. If something is actually collectively beneficial to the
         | wider populace, its a happy accident. Politics in the US make
         | much more sense when understood through the lobbying lens.
        
       | anandsuresh wrote:
       | This law is dated September 24, 2020. If it has indeed been the
       | law for around 3 months now, any ideas if/how much this impacts
       | Doordash, Uber Eats and others? From my own research, it looks
       | like these delivery companies do have a number of restaurants
       | listed on their platform that they don't have any explicit
       | agreements with, yet have not heard/read anything to the effect
       | of litigations based on this law.
        
       | th3iedkid wrote:
       | If cloud-provider X is providing a managed-service A , which is
       | otherwise available as an open-source project Y. Does X need an
       | agreement from Y to run the managed service ? If X does a bad job
       | of providing value from Y, isn't X showcasing Y in a bad-light as
       | well?
        
         | paxys wrote:
         | Depends on how Y is licensed. A lot of open source projects are
         | now specifically adding clauses preventing AWS etc. from
         | offering their product as a hosted service.
        
           | ghaff wrote:
           | Well, pseudo-open source licenses. They're certainly not OSI
           | approved, which is the benchmark most go by. And it's not
           | really a "lot," in part because most organizations won't
           | touch open source software that isn't on a usually fairly
           | short list of licenses approved for use.
        
         | frombody wrote:
         | software licenses allow for this, so in this scenario there is
         | generally already an agreement between the creators and the
         | consumers / distributors over what uses of the product are
         | considered fair.
        
       | swyx wrote:
       | always entertaining how regulation unintentionally acts to
       | increase barriers to entry for incumbents. in this case closing
       | the barn doors almost a decade after the horse left the stable.
       | you couldn't pay politicians enough for the favors they perform
       | in earnest.
       | 
       | edit:to elaborate, the growth hacks of the likes of Doordash and
       | Postmates doing exactly this got them their start, now it will be
       | illegal to compete with them using the same methods they used. I
       | understand there are also brand protection concerns for the small
       | restaurants. have to weigh the tradeoffs.
        
         | wasdfff wrote:
         | If companies need to exploit small businesses to compete, they
         | shouldn't be in business in the first place. Boo hoo to all the
         | stillborn future door dashes who wont be able to exploit local
         | businesses.
        
         | wayne wrote:
         | It does seem messed up that we see a bad behavior, create a law
         | to ban that behavior, and the law's biggest beneficiary is the
         | company doing the bad behavior.
        
           | Ekaros wrote:
           | On other hand should then the bad behaviour be allowed to
           | continue forever? Isn't something late better than never?
        
             | Spivak wrote:
             | Yes but if you don't also punish the companies who did the
             | bad thing then you end up just giving them a moat.
             | 
             | I'm of two minds about our legal system in this regard.
             | It's nice that you don't really ever have to be worried
             | about getting punished for things you did in the past
             | suddenly being declared illegal but in doing so it rewards
             | entities who have no conscience. And large groups of people
             | acting together are quite good at silencing individual
             | consciences.
        
               | swyx wrote:
               | yea right now we are simply incentivizing going after
               | unregulated space as aggressively as possible before laws
               | are written for them. writing regulation after the deed
               | is done tackles symptoms while fueling root cause.
        
               | [deleted]
        
         | DGAP wrote:
         | Exactly. If I'm in California and I want to challenge the
         | incumbents with my cool new idea about how to do delivery
         | better, now I can't. There's no way to effectively scale a
         | sales team in the beginning to reach out to all these
         | restaurants. And as you said, all the successful incumbent
         | players already used this strategy to become big, now this
         | won't materially affect them. They already have sales
         | agreements in place with all the biggest sellers on their
         | platforms.
        
           | tzs wrote:
           | > There's no way to effectively scale a sales team in the
           | beginning to reach out to all these restaurants.
           | 
           | Sure their is. There's a whole system dedicated to it. You
           | make a brochure describing the service you want to offer to
           | the restaurants. There are then companies that will print as
           | many copies of that brochure as you ask them to, put them in
           | envelopes, and mail them to addresses on a list you provide.
           | (There are companies that will make the list for you, too).
           | 
           | Combine that with phone calls to the restaurants you think
           | would be most beneficial to get on your service. Three
           | salespeople using phones could contact 10% of the restaurants
           | in Los Angeles in under a month, and all of them within a
           | year.
           | 
           | Restaurant delivery is local. You don't have to compete with
           | the incumbents nationwide right from the start. You can do it
           | one city at a time.
        
           | criddell wrote:
           | The incumbents spent a lot of investor money to get where
           | they are today.
           | 
           | DoorDash, for example, started in San Francisco with
           | something like 75 restaurants. That feels doable even with
           | this bill. Today DoorDash is worth something like $15
           | billion. If you actually have a better idea and can execute,
           | you will find investors.
        
         | throwaway2245 wrote:
         | > Doordash and Postmates doing exactly this got them their
         | start, now it will be illegal to compete with them using the
         | same methods they used.
         | 
         | Waiting for a company with even worse practices, to be able to
         | compete most effectively, doesn't seem like a net win.
        
         | throway1gjj wrote:
         | >unintentionally
        
         | DevKoala wrote:
         | What do you mean? In this case small businesses were being
         | abused by delivery apps. Once these apps captured the customers
         | of the small business, they converted the customers to their
         | alternative offering restaurant. This is a good piece of
         | legislature unless I am missing something.
        
           | wskinner wrote:
           | DoorDash and Postmates would deliver from every restaurant,
           | whether or not they had a relationship with that restaurant.
           | This helped them grow quickly. A DoorDash competitor that
           | started today would not be able to grow that way because it
           | is now illegal to deliver from a restaurant without the
           | restaurant's consent. DoorDash is already large and has a
           | well known brand, so this doesn't hurt them. It does hurt
           | future competitors, for whom the cost of developing a
           | relationship with every restaurant is cost prohibitive.
        
             | DevKoala wrote:
             | That makes sense, I see that point, but I think that
             | stopping the bleeding is more important. Moreover the new
             | set of rules can also benefit small competitors in the
             | delivery space by allowing them to sign exclusive
             | agreements with small businesses.
        
             | wasdfff wrote:
             | It may hurt future competitors but the law is still good
             | because it protects the reputation of local businesses.
             | This is like complaining that its illegal to pollute the
             | local river. Or those arguments from backwards nations that
             | they should be allowed to pollute like the western world
             | did in the 1900s. Yes, that makes you money, but individual
             | profits are rarely collectively beneficial.
        
           | foogazi wrote:
           | How were businesses being abused?
           | 
           | Do you mean customers use the app to order from X-Pizza, the
           | app then prominently lists Y-Pizza and now X loses customers?
        
             | bombcar wrote:
             | The main issue that I saw was:
             | 
             | 1. Customer orders from Big Don's Pizza (but it's actual
             | door dash) 2. Pizza arrives late, cold, and on fire. 3.
             | Customer swears to and at Big Don that he'll never buy from
             | them again. 4. Dominos wins.
        
             | MisterBastahrd wrote:
             | Customer orders pizza from SmallCorp through BigCorp.
             | 
             | BigCorp pizza arrives late, with wrong order because
             | BigCorp transcribed it wrong, or because BigCorp's courier
             | failed to double check all the items.
             | 
             | Customer gets incorrect and incomplete order from BigCorp.
             | 
             | Customer calls BigCorp to complain.
             | 
             | BigCorp tells customer to contact SmallCorp if they have an
             | issue.
             | 
             | So now SmallCorp has an issue where even though they
             | correctly fulfilled the order sent to them by BigCorp, the
             | customer (who they have no record of) is unsatisfied.
             | 
             | I've experienced this personally from both of the "red
             | letter" food delivery apps.
             | 
             | Just as bad is when they screw up and add "pick up" as an
             | option for a company who never agreed to take pick up
             | orders. Last week I ordered meals for my family, arrived at
             | the place, they had no record of me placing the order
             | because they did not do business with BigCorp.
        
         | AnIdiotOnTheNet wrote:
         | > growth hacks
         | 
         | Tech speak for: breaking the law.
         | 
         | But hey, money, so who cares if we ruin a bunch of lives and
         | make the world a worse place? Isn't that what technology is all
         | about?
        
           | smarx007 wrote:
           | I think "growth hacks" are "anything goes short of breaking
           | the law".
        
           | tbrake wrote:
           | Move fast and break people.
        
         | [deleted]
        
         | lesdeuxmagots wrote:
         | Yea, I do wonder if this will shut the door on any future high
         | growth independent startups in the space to be created locally.
         | 
         | DoorDash started their business doing exactly this in Palo
         | Alto, and likely wouldn't have been able to raise the funds or
         | grow at the pace they did without this strategy.
         | 
         | On one hand, you could say good, these sorts of businesses are
         | exploitative. But I'm not sure that the industry is a net
         | negative as a whole, and this law could shut the door on a more
         | sustainable model.
        
           | maxerickson wrote:
           | It seems like an agreement or explicit description of what is
           | happening (the delivery service is providing the food, not
           | the restaurant) is going to be part of any sustainable model.
        
         | kevingadd wrote:
         | The barn door needs to be closed. I don't care if it means
         | there won't be more doordashes if the only way those companies
         | can exist is by scamming customers and exploiting restaurants.
         | I don't see why this is a problem. They're called "growth
         | hacks" for a reason. If your concern is that people won't be
         | able to compete with DoorDash now without breaking the law,
         | maybe DoorDash should be penalized for past misbehavior... If
         | you follow this "but banning this will prevent competition!"
         | logic to its conclusion now it's logically inappropriate to
         | make all sorts of things illegal because fraudsters got rich
         | doing them and it would prevent competition.
         | 
         | Personally I think it's possible for delivery apps to succeed
         | without breaking the law. Similarly I believe a cab-hailing app
         | can succeed without breaking the law. The fact that the big
         | players in both markets have made "regulatory arbitrage" and
         | lawbreaking a core part of their business model (protected by
         | massive amounts of venture capital and highly paid lawyers) is
         | not a reason to get rid of the laws they broke.
        
           | ghaff wrote:
           | I agree with you on cab-hailing given that cabs were such a
           | miserable experience in so many cases. (Though I expect usage
           | will certainly go down as prices rise and coverage may get
           | thinner as a result.)
           | 
           | I don't know about prepared food delivery. Dominos makes it
           | work well. A lot of Chinese restaurants do, usually for a
           | pretty small delivery radius. But there are a lot of things
           | that just don't have a critical mass of people willing to pay
           | for what 30 minute delivery costs. (On the other hand, the
           | consensus seems to be that grocery delivery, or just pickup,
           | is going to stay fairly common going forward.)
        
       | smarx007 wrote:
       | I think it would have been much better to outlaw
       | misrepresentation and advertising without prior agreement (ie the
       | pizza place that did not agree to partnership should only pop up
       | in the search results if the user searches for it) and there
       | should be a warning mandated like "Startup Inc is not affiliated
       | with the Moms and Pops Pizza. If you proceed, we will place your
       | order by calling PHONE_NUMBER and pick up your order from
       | ADDRESS". It should still be legal for the end users to have a
       | service do chores for them including picking up food but only if
       | there is no confusion on the side of the user what is happening
       | here (incl. the fact the pizza may get cold through a no fault of
       | Moms and Pops Pizza).
       | 
       | Edit: oh, the law would also outlaw food picking apps from
       | delivering from Walmart too ("The code defines food facility
       | [...] as an operation that stores, [...] or otherwise provides
       | food [...] at the retail level.")
        
         | hedora wrote:
         | Agreed. Misrepresenting the relationship with the restaurants
         | is the problem, not the existence of the delivery service.
         | 
         | As written, the bill seems so poorly thought out that I wonder
         | if the authors has some alternate motive. Regulatory capture,
         | maybe?
         | 
         | Also, this doesn't ban setting up fake websites to take orders,
         | and then forwarding them to hapless restaurant owners.
         | 
         | Honestly, just enforcing existing trademark law would be more
         | effective.
        
           | smarx007 wrote:
           | I think "shall not arrange for the delivery of an order" in
           | SS 22599 pretty much bans taking orders.
           | 
           | But yes, it does not ban setting up fake websites,
           | unfortunately. So a food delivery service can still put up a
           | fake website only to tell a user on a landing page "we are
           | sorry, Moms and Pops pizza does not take orders online, how
           | about a slice of Jack and Jill's pizza instead?"
        
             | ip26 wrote:
             | That's just fraud though, if they are representing
             | themselves as Moms and Pops
        
         | powersnail wrote:
         | > the law would also outlaw food picking apps from delivering
         | from Walmart too
         | 
         | Only if Walmart doesn't consent.
        
         | jedimastert wrote:
         | I've noticed that Doordash can sometimes do the opposite: if I
         | search for a particular dish or genre (pizza, grilled cheese,
         | pasta, Chinese take out, etc.) I'll often get restaurants that
         | I can't pull up by searching for the name. I thought they were
         | punishing or something, I just now realized they might be doing
         | it to hide from search results or to hid the fact that the
         | restaurants are listed...
        
       | tanilama wrote:
       | Not that unreasonable I guess?
       | 
       | Even an App is free, it doesn't mean you can distribute it
       | without permission? I would say the case apply to restaurants as
       | well. I can see good restaurants leverage this to negotiate
       | favorable terms with platforms.
        
       | InTheArena wrote:
       | Reasonable in scope and protection. Unusual for California, but
       | better for everyone involved. Great.
        
       | j45 wrote:
       | This is a good idea, I've heard how unscrupulous some apps have
       | been to effectively hijack the identity and contact points of
       | private businesses without consent.
       | 
       | It's one thing to want to own the demand for food, it's another
       | thing to take it away from small business owners.
       | 
       | It's worth going out of your way to order by a verified phone
       | number, or recommend small restaurants install their own
       | affordable platform like gloriafoods and keep their margins
       | during the pandemic.
        
       | roamerz wrote:
       | California got this right. Credit where credit is due.
        
       | DGAP wrote:
       | HN is so strangely anti tech and anti startup at this point. I'm
       | not sure exactly who's on the platform at this point. Unemployed
       | OSS devs bitter that everyone else in the valley is making more
       | money than them?
        
         | throw_m239339 wrote:
         | anti tech... it's called fraud. The "We're just an app" excuse
         | needs to die already. It has absolutely nothing to do with
         | tech, everything to do with an unethical business model.
         | Absolutely nothing to do with technology.
        
         | Cyclone_ wrote:
         | I don't really view this as anti-tech or anti-startup at all.
         | These kind of laws make sense regardless of whether a small or
         | large company is committing the offense.
        
         | AnIdiotOnTheNet wrote:
         | People sick of all the terrible, exploitative, world-worsening
         | things that modern tech companies seems to be all about?
        
         | bjornsing wrote:
         | Yea I've noticed this too. HN is starting to feel more and more
         | like my social surroundings here in Sweden.
         | 
         | On the other hand my social surroundings are obviously picking
         | up some aspects of HN. Maybe culture is converging globally in
         | a lot of ways?
        
         | SamoyedFurFluff wrote:
         | How is this anti-tech or anti-startup? This doesn't have
         | anything to do with tech at all. I would welcome talking about
         | purely technical subjects, like distributed database
         | innovation. There's nothing technical about impersonating a
         | restaurant?
        
         | umeshunni wrote:
         | I find it especially true early in the US day, perhaps because
         | the audience then is probably bitter Europeans?
        
           | Lev1a wrote:
           | Why would we be bitter? Here in Germany for example there is
           | at least one example ( https://www.lieferando.de ) of a
           | takeaway/delivery service that AFAICT operates only on
           | official partnerships with restaurants etc.
           | 
           | Just for the record, I'm not in any way affiliated with them
           | or any other such business apart from ordering through once
           | or twice a few years ago.
        
       | tw25601814 wrote:
       | Cheering for more anti-competitive laws. Do you never learn?
       | 
       | This law does _nothing_ except increase the cost of entering the
       | delivery market, thus acts to protect the extant delivery
       | services from new competitors.
        
       | nojvek wrote:
       | When I saw the YC post about praising DoorDash and Airbnb, it was
       | clear that YC endorses doing borderline illegal things in the
       | name of growth. Same with Pg's posts of how to create
       | billionaires.
       | 
       | In a way he's not wrong, about hacking taken to a whole new level
       | of messing with entire cities and industries.
       | 
       | But as a greater society, without proper regulation, we'll have a
       | dystopia. The rich are insanely rich while the median has barely
       | gone up. The pie is much larger compared to 10 years ago, but
       | most of it is captured by a fair few.
       | 
       | It is not a great world to be in if it continues for the next 100
       | years, which it'll likely be as technology divides us into haves
       | and have -nots.
        
         | weaksauce wrote:
         | in a lot of ways a lot of the billionaires are the robber
         | barons of our times. having multiple billions in wealth doesn't
         | seem to be compatible with a healthy society and seems to be a
         | failure of that society. the sheer scale of even one single
         | billion dollars compared to a million dollars is absurd. a
         | million seconds of time is almost 12 days. a billion seconds is
         | 32 _years_ of time.
        
         | wasdfff wrote:
         | It just blows my mind how, reliably, selfish people end up in
         | positions of power. They then work the system to increase
         | wealth or power as much as possible, everything else including
         | the environment that we all live off of be damned, because you
         | will be dead in 50 years anyway.
         | 
         | Where are the altruists? Chanting in some buddhist temple? Why
         | are things so evil?
        
       | exabrial wrote:
       | How about opt-in for _literally everything_? That's called
       | consent, a concept Silicon Valley doesn't understand.
        
         | ianhorn wrote:
         | That's a good slogan but there needs to be delineation of who
         | is and isn't involved. It turns out to be the central question.
         | If I buy a book from Amazon and want to sell it on eBay, who
         | needs to opt in? I certainly shouldn't need your permission as
         | you're not involved. Is the paper manufacturer involved in me
         | selling the book on eBay? Is the author? The publisher? Amazon?
         | Me taking something I buy on Amazon and selling it on eBay has
         | a pretty direct analogy here (sell what I buy from local pizza
         | co to my app users). Asking for opt in is just a different way
         | to phrase it, unfortunately.
         | 
         | That said, I'm glad for this law. Maybe it's not perfectly
         | worded but it's a net good. What the delivery companies were
         | doing was such blatant exploitation of everyone involved and
         | I'm glad to see it go.
        
       | Giorgi wrote:
       | Why though? Do we need government at this level in business?
        
       | swalsh wrote:
       | This is such a great law, I wish my State would enact something
       | similar. The real link to my local chinese restaurant is the 3rd
       | link down. The apps links are always first. The only way I know
       | it's the real site is if "pick-up" is offered as an option. I'd
       | much prefer the restaurant got the full margin, than some app.
        
         | Dylan16807 wrote:
         | While I agree that impersonation or platforms showing up first
         | in search results is bad, whether the restaurant gets the full
         | margin is a separate issue and currently correlates
         | _negatively_.
         | 
         | A restaurant that's being impersonated without any
         | agreement/permission will get the full margin, because the
         | platform has to buy at retail prices.
         | 
         | A restaurant only loses money to commissions when they have an
         | agreement with the platform, and that agreement very often also
         | _allows_ the platform to set up those pages that show up first.
         | 
         | So a law requiring platforms to get permission to deliver might
         | end up with _fewer_ restaurants getting full margin!
        
         | coffeefirst wrote:
         | Even then, I've caught Seamless showing restaurants as being
         | closed or not having delivery when they're open and they do,
         | just not through Seamless.
         | 
         | I wasn't sure if this was sloppy or malicious, but it costs
         | restaurants customers in a pandemic.
        
       | akrymski wrote:
       | Yet another law to reduce competition in the delivery space and
       | help existing monopolies. I'm sure GrubHub and DoorDash are
       | cheering.
       | 
       | Indexing and aggregating data is already covered by numerous
       | laws. If Google can aggregate restaurant listings without
       | permission then why can't others? Linking is ok, showing a call
       | button is ok, but delivering isn't?
       | 
       | The law around copyright is clear: you can't copy a restaurants
       | menu without permission the same way you can't copy someone's
       | blog post. This should be enough.
       | 
       | If I want to pay a service to drive, purchase and deliver
       | something for me it should be a human right, the same way that
       | anyone should be able to walk into a restaurant and order without
       | being refused service.
       | 
       | Why don't restaurants want delivery companies doing this? The
       | typical argument is bad Yelp reviews. Instead of blaming delivery
       | companies why not blame Yelp for not authenticating their
       | reviews? Same way that you shouldn't be able to leave an Amazon
       | review without buying the product you shouldn't be able to leave
       | a yelp review without booking a table at the restaurant. It's
       | Yelp's fault for not authenticating reviews. Restaurants should
       | be benefiting from delivery companies distributing their
       | products, and there is nothing preventing them from offering
       | direct to consumer deliveries themselves
        
         | throw_m239339 wrote:
         | > Why don't restaurants want delivery companies doing this?
         | 
         | Why can't delivery services ask for permission before listing
         | food from restaurants first? Why do they feel the need to
         | impersonate restaurants, steal their menu, their trademark
         | while never disclosing to the client that the restaurant has
         | absolutely no part in that deal? Why can't delivery services
         | behave in an ethical fashion that doesn't involve fraud?
         | 
         | When your business model is so rotten you need to lie on both
         | ends to make money (restaurants and clients), well you
         | shouldn't be in business at all.
        
         | anandsuresh wrote:
         | It is a double-edged sword. On the one hand, it does make it
         | harder for newer businesses to enter the space. However, from
         | what I have been able to piece together, the real culprits here
         | are DoorDash and GrubHub, by listing restaurants without
         | permission/agreements in the first place, necessitating the
         | creation of this law. You're probably right that GrubHub and
         | DoorDash are cheering at the moment, unless the law gets
         | applied retro-actively (though I highly doubt that).
         | 
         | > Indexing and aggregating data is already covered by numerous
         | laws. If Google can aggregate restaurant listings without
         | permission then why can't others? Linking is ok, showing a call
         | button is ok, but delivering isn't?
         | 
         | Searching for information on the internet and having food
         | delivered are not the same experience; I'm usually not "hangry"
         | when my search results take too long to come up, and/or are not
         | what I was expecting. Even so, I usually blame Google for the
         | bad results. It "should" be the same for food delivery services
         | as well, where people "should" blame DoorDash/GrubHub, but that
         | rarely happens. For better or worse, it is the restaurant that
         | takes the blame, and risks losing future business.
         | 
         | Most people I have spoken to regarding this issue were under
         | the assumption that the delivery service already had agreements
         | in place with these restaurants. A lot of these people are
         | business owners themselves, and were surprised to find out that
         | no such agreements existed; much like I was when I first found
         | out about this issue.
         | 
         | > The law around copyright is clear: you can't copy a
         | restaurants menu without permission the same way you can't copy
         | someone's blog post. This should be enough.
         | 
         | True. It "should" be enough, but in practice, it rarely is.
         | Most companies operate knowing that legal processes are lengthy
         | and expensive and take that into account when modeling their
         | business practices.
         | 
         | > Why don't restaurants want delivery companies doing this? The
         | typical argument is bad Yelp reviews. Instead of blaming
         | delivery companies why not blame Yelp for not authenticating
         | their reviews?
         | 
         | When you're a small-business owner losing business due to the
         | activities of some third-party service you did not authorize to
         | represent you in the first place, you're usually not looking to
         | blame another third-party service for the bad reviews you
         | didn't know you were getting; especially one whose "business-
         | model" was to blackmail restaurants to take down bad reviews.
         | As a business owner, it is my right to know my customer and
         | know anyone who is (mis)using my brand without my permission.
         | 
         | > Restaurants should be benefiting from delivery companies
         | distributing their products, and there is nothing preventing
         | them from offering direct to consumer deliveries themselves.
         | 
         | A handful of restaurants I order from on DoorDash/GrubHub
         | usually have their own delivery crew. It isn't a requirement
         | for every restaurant to offer delivery. Elsewhere in this
         | thread, there was the issue of certain food items (usually the
         | restaurant's speciality) having very precise kitchen-to-table
         | time requirements. It is hard for a restaurant owner to control
         | their product when they don't have any control over the
         | delivery process. And when they choose to not have delivery,
         | they are bypassed entirely by these third-parties. Seems
         | perfectly fine for the restaurant to fight back against such
         | practices.
         | 
         | EDIT: fixed typo
        
       | baby_wipe wrote:
       | My understanding is DoorDash started out by listing restaurants
       | without their permission. Now DoorDash has this legislation which
       | will protect them from any new startup who tries to do the same
       | thing. (The assumption being it will be much easier for DoorDash
       | to obtain permission than it would be for a nascent startup.)
        
         | jMyles wrote:
         | First-mover advantage has slowly evolved from being a social
         | and economic head-start to being a declaration of candidacy for
         | the patronage of regulatory capture.
        
       | someonehere wrote:
       | In N Out sued one of the delivery services. I forgot which one.
       | Essentially they didn't want their brand to be ruined by shoddy
       | drivers delivering cold and soggy food. I agree that this is
       | needed.
        
       | stanmancan wrote:
       | This is great news. One of my customers owns a small chain of
       | pizza restaurants. One of the delivery apps kept hounding them to
       | sign up, but they already offer delivery, so they repeatedly
       | declined. Eventually the app listed them on the app without their
       | permission, using their logo and everything, and set the prices
       | lower than what it was sold for. Every time an order came in,
       | someone from the app would call the store and place an order for
       | pickup and then one of the drivers would pick it up.
       | 
       | Disgusting business practice.
        
       | supernova87a wrote:
       | I admit that I have yet to reconcile my own somewhat conflicted
       | feelings about these recent bills (e.g. the one voted on in Nov
       | 2020 about drivers as contractors, versus this one).
       | 
       | For example, I'm in favor of regulating tech companies from
       | misrepresenting restaurant menus as their own, and extracting a
       | hefty margin off restaurants' barely-surviving profits by merely
       | being a middleman aggregator. Yet on the other hand, I don't
       | think that tech companies are improperly classifying delivery
       | people's labor as contract work and need to be stopped.
       | 
       | Maybe it's that the first is an involuntary participation without
       | someone's agreement, while the 2nd is someone agreeing to work
       | under given conditions?
       | 
       | My opinions are evolving still.
        
         | say_it_as_it_is wrote:
         | I don't understand how couriers are extracting any margin from
         | restaurants.
        
           | novia wrote:
           | Right now restaurants are in a damned if you do damned if you
           | don't situation with the various delivery services out there.
           | 
           | If the restaurants explicitly agree to do business with
           | grubhub and the like, they have to give the delivery service
           | a 10% cut. The delivery service also takes a percentage cut
           | on the customer side. I think there's the expectation that
           | the restaurants keep charging the delivery service the same
           | amount for food being delivered as they charge anyone who
           | orders food from the restaurant and picks it up. This forces
           | restaurants to raise the price for all their customers to pay
           | for that 10% cut.
           | 
           | Have you noticed that the prices for food via delivery are
           | higher than the price for food you pickup? That's not due to
           | the restaurant charging the delivery service a discriminatory
           | price, that's actually the third way that the food delivery
           | service takes a cut.
           | 
           | Now, as a restaurant owner, you look at all these facts and
           | decide that the delivery companies are fleecing you. You
           | decide you'll use the waiters and waitresses you already had
           | on staff to deliver the food to your customers, and you'll
           | charge them something like $5 for delivery. Not really that
           | unreasonable, given the circumstances, right?
           | 
           | Well, what happens in those cases is that the delivery
           | companies will list the restaurant anyways. And they'll offer
           | free delivery. And they'll charge less for your food online
           | than you charge them. They take the financial hit so later
           | they can come to the restaurant owner with the data to show
           | that they really need the delivery service after all. They'll
           | undercut your business to get a greater market share. They've
           | got lots of VC money to burn, that you, as a restaurant
           | owner, can't compete with.
           | 
           | Through all of this, customers will leave negative reviews on
           | Yelp, for the restaurant, when the wrong food is delivered,
           | or their food is cold, or their order was delivered to the
           | wrong place. The reputation of the restaurant takes a hit due
           | to the third party's shoddy delivery people.
           | 
           | That's what this law is attempting to address.
        
             | jimmaswell wrote:
             | So in the second scenario, you get to keep on selling food
             | for full price and the delivery companies generate business
             | for you for free, but it's a bad deal because .. a few
             | people might leave bad reviews on yelp when something is
             | clearly DoorDash's fault? It sounds like a good deal to me.
             | You get bad reviews from idiots no matter what anyway.
        
               | novia wrote:
               | In the second scenario you will not be able to pay the
               | waiters you had on staff before the pandemic. There's
               | nothing for them to do (assuming the restaurant moves to
               | carryout only, as is currently mandated in DC.) You get
               | paid for the food from the delivery service, but you
               | don't see any tips.
        
               | SamoyedFurFluff wrote:
               | > a few people might leave bad reviews on yelp when
               | something is clearly DoorDash's fault?
               | 
               | If you don't have a good set up for delivery, the bad
               | reviews will not be "a few" and it will certainly be more
               | than what you would've otherwise had. There are examples
               | of restaurants receiving literally dozens of negative
               | reviews from this in a short period of time.
        
           | [deleted]
        
           | mbesto wrote:
           | The courier price (in the app) isn't the same price as the
           | one when you physically go into the restaurant. IIRC its
           | 25~35% higher.
           | 
           | Source - good friend is a restaurant owner.
        
             | say_it_as_it_is wrote:
             | If I buy something from you for $10 and then sell it to
             | someone else for $15, I haven't taken anything away from
             | you. You have your price and I have mine.
        
               | supernova87a wrote:
               | Yeah, but if my marked up $15 thing you sell to someone
               | else is crappy because of your handling, and now the
               | customer associates my name with expensive, crappy
               | product, my brand has been spoiled by you.
        
           | tremon wrote:
           | They don't. They make their margin by fleecing investors.
        
             | ghaff wrote:
             | Their negative margin.
        
         | jeffchien wrote:
         | I don't think this particular law (AB2149) is just a b2b issue,
         | which is how I interpret your opinion to be. I think that this
         | is a consumer issue as well. For example, as you said, I think
         | unapproved listings are more prone to misrepresent menus and
         | hours, especially the latter during these turbulent times. In
         | one extreme instance, I've also seen a delivery site start
         | listing a restaurant that has never been open for business.
        
         | kome wrote:
         | "Maybe it's that the first is an involuntary participation
         | without someone's agreement, while the 2nd is someone agreeing
         | to work under given conditions?"
         | 
         | It's an old debate, the "lochner era" debate
         | (https://en.wikipedia.org/wiki/Lochner_era).
         | 
         | "Agreeing on conditions" is not enough to make something fair.
         | You may agree because you are desperate and you need cash, you
         | may go straight to voluntary serfdom...
         | 
         | Society and policy makers are fully entitled to disrupt
         | "private contracts" when those contracts are not in line with
         | the greater good.
        
           | zeroonetwothree wrote:
           | "The greater good" is clearly not the actual legal
           | requirement...
        
           | whiddershins wrote:
           | That's an argument, but many think this doesn't work in
           | practice.
        
             | everfree wrote:
             | Antitrust cases are a good example of this type of thinking
             | working well in practice.
        
       | jjice wrote:
       | I'm not very familiar with delivery apps or how they work, but
       | they were allowed to do this before? How would that ordering
       | process work? Would someone make an order and then the courier
       | call it in and then pick it up?
        
         | drzaiusapelord wrote:
         | Yep! They just call it in and someone picks it up. I think even
         | if its a loss, its a form of intimidation. "See, we're the
         | gatekeeper to your customers now, so you better sign with us so
         | we get 20-30% of your revenue. Also we'll list your menu in our
         | app with $1 added per item that we pocket on top of that and
         | charge the customer a service fee on top of that."
         | 
         | Its an ugly business model.
        
       | lr4444lr wrote:
       | I was first about to say this was bad because it arbitrarily
       | restricts FOIA, but on actual reading of the legislation this
       | makes sense: the delivery apps are deceptively representing
       | themselves to their own customers as agents of the businesses in
       | question.
        
       | [deleted]
        
       | say_it_as_it_is wrote:
       | This is an industry operating outside the scope of what
       | restaurants have ever offered. Once delivery companies began
       | making a lot of money with courier services, people created a
       | story of exploitation and market manipulation. The reality,
       | however, is that food service providers want in on the action:
       | the bill gives providers bargaining chips to negotiate getting a
       | cut for services that they never offered before. A consequence to
       | this change is that while the restaurants do not face losses due
       | to courier services, the courier services will lose as a result
       | of the bill. Courier services now have a legitimate claim against
       | the state and restaurants. It's time to go to the Supreme Court.
        
       | mytailorisrich wrote:
       | This in effect says that it is illegal to pay someone to collect
       | your own food from a restaurant without the restaurant's
       | agreement (only if the service is offered online, though)
       | 
       | This does not make much sense.
       | 
       | Legislators should not rush into kneejerk and populist reactions.
        
         | Slartie wrote:
         | No, it is just illegal if that someone pretends to have some
         | sort of reseller contract with the restaurant in order to
         | acquire you as a customer.
         | 
         | If you go to some guy, ask him to pick up food for you and the
         | guy agrees for a fee, that's okay. But the incentive must have
         | come from your side, and the guy must not have used the name of
         | the restaurant to advertise for his services or even pretend to
         | be a "part" of the restaurant.
         | 
         | Legislation often is widely different for the same eventual
         | business act, depending on how the parties came together. It's
         | not new stuff, real estate agents have had such huge difference
         | for ages (at least in Germany, but I assume that other
         | countries also differentiate depending on who initially hired
         | an agent, even though eventually, the agent ends up having
         | contracts with the selling and buying party).
        
           | mytailorisrich wrote:
           | The link states: " _This bill would enact the Fair Food
           | Delivery Act of 2020, to prohibit a food delivery platform
           | from arranging for the delivery of an order from a food
           | facility without first obtaining an agreement with the food
           | facility..._ "
           | 
           | No question of pretending anything, just literally of doing
           | what you suggest (food pickup for a fee, if that is arranged
           | through an online platform)
           | 
           | Using the names of the restaurants you are able to collect
           | from in order to describe your service is obviously fair use
           | of the names.
        
             | Slartie wrote:
             | Look closely. It is just illegal for the food delivery
             | platform to arrange for a delivery. It is NOT illegal for
             | YOU to arrange for a delivery to you, even if you do that
             | through an online platform. Go to Craigslist and offer some
             | dollars to anyone who picks up your food at a takeout place
             | and delivers it to you.
             | 
             | You don't have a problem at all with this new legislation,
             | unless of course you want to be the shady middleman. But
             | that's kind of the purpose.
        
               | mytailorisrich wrote:
               | This is a rather disingenuous take.
               | 
               | There is nothing shady in arranging food deliveries. This
               | bill is ill-thought-out.
        
               | Slartie wrote:
               | In which way is my interpretation "disingenuous"?
        
       | throw03172019 wrote:
       | This is great. Postmates tricks you into thinking the restaurant
       | is on their platform but then you get charged high fees because
       | they have a Postmate go there and order in person.
        
       | dalbasal wrote:
       | The "uberfication" startup model had/has the same internet
       | economics magic that dropshipping, crowdsourcing and such had,
       | but for VC backed startups.
       | 
       | As usual, XKCD captures the jist: https://xkcd.com/1060/
       | 
       | Users order food. App for that. Food is delivered by non-
       | employees. HR is an app. Suppliers don't have to know they're
       | suppliers. The CEO can focus on visionary statements.
       | 
       | A software business has magic economics because they don't need
       | capital assets (and therefore capital investment) and they don't
       | have marginal costs. Just software development. Uberfication
       | minimizes even that.
       | 
       | It's looking pretty uninspired at this point. Let's step back and
       | think of the problem space. Food. Takeaways. Unless it's soylent
       | or vegan meat, startup founders seem to consider actually making
       | the food beneath them.
        
         | ghaff wrote:
         | The amazing thing is how much money you can lose while doing so
         | little.
         | 
         | I guess funneling money from investors to landlords by way of
         | software developers is more expensive than it looks.
        
       | [deleted]
        
       | forrestthewoods wrote:
       | I'm completely fine with apps listing restaurants without
       | permission. But ONLY if the app makes that explicitly clear.
       | 
       | To falsely pretend to offer a sanctioned service is fraud imho.
       | There's all kinds of issues with this. Such as who to blame if an
       | order is incorrect. Or who to complain to when prices suddenly
       | increase.
       | 
       | This law kinda sucks. But the status who is fraud at worst and
       | dishonest at best.
       | 
       | As far as regulations go this one seems mostly fine.
        
       | raverbashing wrote:
       | Why does this even have to be a law boggles my mind.
       | 
       | I think there are laws against impersonation already. If I went
       | around purporting to sell services in the name of Microsoft,
       | their lawyers would act quickly.
       | 
       | Not that I disagree with this new law
        
         | foobar1962 wrote:
         | The law is taking a food safety angle: restaurants have a duty
         | of care to their customers, which extends through the delivery
         | chain.
        
           | throwawaysea wrote:
           | This seems like a stretch to me. If I am using a courier
           | service to get food, I know that there are two different
           | parties involved and that the restaurant's own standards
           | cannot be guaranteed. Safety is, as ever, a way to generate
           | political expediency for otherwise bad ideas.
        
             | [deleted]
        
         | Razengan wrote:
         | Maybe the apps thought they were doing the restaurants and
         | users both a service, but not every restaurant always feels
         | that way.
        
           | purplecats wrote:
           | no, this was just another means of money extortion. they
           | masquerade around like the companies they're preying on, then
           | effectively blackmail those companies for connecting them to
           | these customers.
           | 
           | unnecessary man in the middle. they're essentially the
           | capitalist version of the cymothoa exigua parasite species.
        
             | Razengan wrote:
             | If customers prefer using a single "middle man" for a
             | category of products or services instead of going to each
             | company directly, then somebody's going to cater to that.
             | 
             | > _cymothoa exigua parasite species._
             | 
             | Well, that's an interesting TIL.
        
         | [deleted]
        
         | conistonwater wrote:
         | The law is not just about impersonation, it says the platform
         | can't arrange for delivery of food without having an agreement
         | with a restaurant. So if it's not impersonating anybody, and
         | just orders food on your behalf with you knowing it's a
         | middleman, that would still violate the law, if I understood
         | correctly. I think that wouldn't normally be illegal because
         | it's not generally illegal to do things on others' behalf
         | (there would need to be misrepresentation of some sort), so if
         | they want to ban that they would need a law.
         | 
         | This is the entirety of the law, by the way:
         | 
         | > _22599. A food delivery platform shall not arrange for the
         | delivery of an order from a food facility without first
         | obtaining an agreement with the food facility expressly
         | authorizing the food delivery platform to take orders and
         | deliver meals prepared by the food facility._
        
           | mehrdadn wrote:
           | I'm not even sure it's _buying_ on anyone 's "behalf" either.
           | But rather just buying and then reselling goods.
        
           | supernova87a wrote:
           | I think the intention though, is to stop say a Doordash from
           | listing a restaurant's menu on its (DD's) website and making
           | it seem like the restaurant is consenting to having delivery
           | of its food with whatever margin DD feels like adding on top
           | of it. (Also by the way, shadier practices too, like
           | hijaking/publishing a false restaurant phone number that
           | diverts to DD instead of the restaurant.)
        
             | raverbashing wrote:
             | Yes, hence, impersonation
        
               | mehrdadn wrote:
               | The issue here isn't "did delivery apps sometimes
               | impersonate restaurants" (which is why you think this law
               | is redundant), but rather "does this law ban things
               | _other_ than impersonation " (yes, and hence why others
               | are saying a violation of the law need not constitute
               | impersonation).
        
               | ummonk wrote:
               | The point is that the stated reason for the law is
               | impersonation, which is already illegal, but under the
               | guise of cracking down on impersonation of restaurants,
               | the law does much more.
        
               | mehrdadn wrote:
               | > The point is that the stated reason for the law is
               | impersonation
               | 
               | Is it? I don't see anything in the text about
               | impersonation.
        
           | ehnto wrote:
           | It's not terribly difficult to put together the arrangements
           | with businesses who are amenable. DD and friends are just
           | annoyed they'll have to do some minor business relations work
           | instead of drawing value out of a business and then palming
           | customer support off to them, while they never knew they were
           | ever part of the transaction in the first place.
           | 
           | It puts the restaurants back in a position of control over
           | their own business operations, I think that's fine. If you
           | want to work with the business to draw value from them,
           | you'll have to arrange it. People are looking at this like
           | it's the customer versus the restaurants, it's not, it's
           | about mediating the relationship between two commercial
           | operations and the vast majority of law is about just that
           | kind of thing.
        
       | cmckn wrote:
       | Lately, I just call the restaurant and do a pickup order. I get
       | the food a lot faster and I don't end up paying $40 for a $16
       | pizza. There are some times when delivery is great, maybe I'm
       | sick or have had a couple beers, or don't have my car; but those
       | times are few and far between (for me). DoorDash and friends have
       | convinced folks that delivery food is great. I think it kind of
       | sucks.
        
       | lmilcin wrote:
       | Only problem with this is definitions. Why does it need to refer
       | to "online delivery platforms" when it could refer to anybody
       | that poses to deliver the food for you without express permission
       | of the business owner?
       | 
       | I mean, if the worry is that the owner should be able to have say
       | in how the food is to be delivered, it should not matter how the
       | actual order was made, whether it was through online platform, by
       | phone, mail or pigeon?
       | 
       | So, if I somehow do this without "online" component then it is
       | fine?
       | 
       | Why does half of the law need to be so specific and reactive
       | instead of setting principles for how people should live and
       | cooperate together?
       | 
       | Imagine US Constitution referred to unimpeded travel by horse or
       | train or by foot instead of unimpeded travel in general.
        
         | SpicyLemonZest wrote:
         | It's trying to avoid rolling in other small scale activity that
         | should be allowed. If I tell my kids' soccer team that I'll
         | pick up 15 McDonalds burgers for them, I've "arranged for the
         | delivery of an order" under the law's definition, so I'm in
         | trouble unless the definition of "food delivery platform"
         | exempts me.
        
           | lmilcin wrote:
           | Are you commercially providing a service of picking up
           | burgers? There is already a clear distinction in law between
           | commercial and non-commercial activity.
           | 
           | Obviously my single sentence isn't yet enough to be
           | standalone law. But you rightly pointed non-commercial
           | activity could be exempt from this restriction.
           | 
           | I can imagine somebody picking up burgers and delivering them
           | to homeless people. I believe this could be exempt as non-
           | commercial activity.
           | 
           | There are again questions, what if Uber decides to pick up
           | burgers and deliver them to homeless? One could say that even
           | if deliver it for free it is still commercial activity
           | (because they obviously stand to gain PR which has a value).
           | Also they can just ask a burger place for permission to buy
           | burgers from them for homeless people, I see no problem with
           | that.
           | 
           | Also all attempts at distinction of small and large scale
           | seem to have issues with them. First is the arbitrary
           | definition of what small and large scale is.
           | 
           | Then what if you are wealthy man and decide to feed all
           | homeless in LA for Christmas? I guess you could try to get
           | permission from the owner of the establishment but I don't
           | see why you shouldn't just be able to decide, in a spur of
           | the moment, to send a dozen of your minions to various
           | establishments and just buy the stuff.
           | 
           | What then if Uber decides that their minions who deliver
           | goods are actually small businesses providing the service on
           | its own and use Uber's platform as a service to coordinate
           | them with buyers? How would large/small scale operation be
           | defined?
           | 
           | To summarize, I think:
           | 
           | - commercial / non-commercial distinction is better than
           | large/small "scale" (however defined),
           | 
           | - non-commercial organizations and private individuals should
           | not be subject of this law
           | 
           | - commercial activity most likely is calculated to gain
           | something from this whether the delivery is or isn't paid for
           | by the consumer and so I think it should not be exempt,
           | 
           | - "small scale" commercial activity can probably be perverted
           | by corporate lawyers.
           | 
           | - if the law is restricted to online platforms, there is
           | possibility corporations are going to work around it so that
           | it does not meet the criteria of online platform.
        
       | transfire wrote:
       | F that! Last night I wanted w bottle of alcohol for new years
       | celebration. I already had a few drinks so I didn't want to
       | drive. Unfortunately no delivery service had an agreement with
       | any local liquor stores.
       | 
       | As long as a delivery service doesn't pose as the store itself,
       | there should be no issues. The laws in this country are a out of
       | control.
        
         | ecf wrote:
         | I've come to just not give my business to restaurants that
         | don't want to exist in the modern world. It's a high risk, low
         | margin business. The fact they don't want to support any type
         | of delivery with these apps shows to me they don't care about
         | staying in business.
         | 
         | "Support local" goes both ways.
        
       | blargathon wrote:
       | I wonder what the secondary consequences will be. The gig worker
       | law had some nasty secondary consequences for musicians and such.
       | These regulations really seem to hurt the little guys.
       | 
       | That said, the law is short and doesn't even go to deeply into
       | what an "agreement" is. So maybe it's ok?
        
         | Ericson2314 wrote:
         | well, the gig worker law never got to do it's intended thing,
         | first cause the stays, then cause prop 22, so now it should
         | just be repealed. Had it, at least the distortions for
         | musicians that are also Uber drivers would have been the same.
         | 
         | I would by the other's argument that this is about preventing
         | misrepresentation. In fact, perhaps it should have _already_ be
         | covered by trademark protections anyways.
        
       | WalterBright wrote:
       | If a person decides to buy a pizza from X and then sell it to Y,
       | don't they have a right to?
        
         | dxgarnish wrote:
         | It's a good question. There's two parts to it, whether the law
         | allows for that, and whether or not the law should allow for
         | it?
         | 
         | There are certainly some classes of items/products/services
         | that allow X to legally bar Y from selling it to Z: airline
         | tickets, sub-leasing apartments, software etc.
        
         | ddalex wrote:
         | absolutely; but they can't pretend to be X at all
        
         | akira2501 wrote:
         | If a person decides to open their home kitchen and sell food to
         | the general public, don't they have a right to?
         | 
         | If they get a license first. As long as the license process is
         | reasonable and non-discriminatory, what's the issue?
        
         | ratww wrote:
         | I think the core issue here is that some platforms were
         | creating websites and phone numbers to impersonate the
         | companies. In practice it's a man-in-the-middle attack. This is
         | what the law seems to intend to stop.
         | 
         | I'm pretty sure that if I falsified a website to resell
         | services or products on behalf of a larger company I would get
         | slapped by a lawsuit, trademark or otherwise, but it seems that
         | for small restaurants the government felt it needed to step up.
        
           | JoeAltmaier wrote:
           | I don't think so? Its that you cant claim to be an agent of a
           | company if you have no financial/contractual connection with
           | the company. Image some sleazy guy went around town
           | pretending to work for you. Its illegal.
        
           | devcpp wrote:
           | Then why not make impersonation illegal? If they enforce
           | making reselling illegal proactively they can enforce making
           | impersonation illegal just the same.
           | 
           | This is overreach. I would be rightly pissed if I lived in
           | CA.
        
             | wilde wrote:
             | Impersonation is illegal, but GrubHub would argue that
             | their logos are everywhere on these menus and it's clear
             | that they're acting as agent.
             | 
             | To resolve this under existing law we'd need to wait for a
             | lawsuit to roll through the courts. The legislature passes
             | laws all the time that are somewhat duplicative to clarify
             | their intent. The law isn't a normalized database, and that
             | actually speeds things up.
        
               | wruza wrote:
               | >GrubHub would argue that their logos are everywhere on
               | these menus and it's clear that they're acting as agent
               | 
               | Which is obvious to anyone who can and does read text. It
               | seems to me that CA protects businesses not from
               | impostors, but from illiterate who cannot differentiate
               | delivery from production and they just rush to review on
               | completely separate review platforms (it is wrong even if
               | delivery contracted with production beforehand, imagine
               | an angry customer reviewing bricks from a brick factory
               | because a reseller brought them half a trailer of bricks
               | broken in half). I bet that when you call a number, they
               | even introduce as "grubhub support", not as a restaurant.
               | Not only this law treats a symptom rather than a disease,
               | it also allows established monopolies who first used this
               | "loophole" to retain their status in the future.
               | 
               | As of the problem as a whole - restaurants with their own
               | delivery usually have a much worse service than
               | aggregators'. Claims that "they just take our markup" is
               | nonsense, because in practice people do value
               | predictability and ratings of separare delivery services,
               | while they cannot really stick a lever into many
               | different companies that produce nice food but their
               | delivery guys simply suck "because it's small place and
               | they have to meet ends". The alternative is _not_ their
               | own delivery, the real alternative is to shutdown.
               | Pandemic changed markets and fault tolerances drastically
               | and those who ignore these facts are unlikely to bloom in
               | it anyway.
        
             | ratww wrote:
             | Someone else has mentioned that impersonation is certainly
             | already illegal, and the right solution would be
             | prosecution instead of making a new law, and I agree. I'm
             | not from CA/US so I have no idea why the legislators felt
             | the need for a new law.
        
               | SamoyedFurFluff wrote:
               | Part of this is that it's really expensive to litigate
               | that nuance in court because even if you believe you're
               | correct, a company like GrubHub can continue to do
               | business for _years and years_ while dragging this out
               | through the courts. Especially because of covid, many
               | cases like this are already backed up and GrubHub could
               | probably be happily continuing to fleece small businesses
               | for over half a decade.
               | 
               | Also, if a judge for whatever reason doesn't agree with
               | it, say, "if the government wanted trademarks to be
               | enforced in this manner they'd pass a law about it, no
               | deal" (this happens Eg. An argument that made it all the
               | way up to the Supreme Court, taking years and years to do
               | so, is that discriminating against trans people isn't
               | discriminating on the basis of sex because if legislature
               | intended it that way they'd say it more explicitly in
               | law. Imagine how many trans people were fired for being
               | trans while this thing was going through the courts.)
               | then now you have to pass legislature again.
        
         | carbonx wrote:
         | I think the issues is a problem of transparency. I deliver for
         | Postmates and I really think that most of the customers don't
         | really understand that they might be ordering from a restaurant
         | that isn't partnered with Postmates. The knock on effect is
         | that often the menu isn't really correct, so the customer gets
         | their order "wrong" and calls the restaurant to complain.
        
           | caf wrote:
           | It seems like a form of passing-off, which has long been
           | regarded as worthy of proscription.
        
             | ghaff wrote:
             | Maybe I'm misunderstanding you but companies (and
             | individuals) pass off things all the time. Shipping is
             | perhaps the most obvious example. If I'm an eBay seller and
             | ship something to you, once I give you a tracking number,
             | it's mostly between you and UPS. (Unless, e.g., an item was
             | improperly packed and UPS won't honor a claim, etc.)
        
               | michaelt wrote:
               | "Passing off" in this context doesn't mean something
               | being passed to another party, like a sportsball player
               | making a pass.
               | 
               | Rather, it's a common law term for selling an item while
               | misrepresenting its origin [1] - for example, if an ebay
               | seller claims to sell real rolexes and sends out fake
               | rolexes, they have 'passed off' the fakes as real. This
               | can happen even in the absence of registered trademarks.
               | 
               | Of course, most of the historical examples are of copycat
               | products - but the definitions used on Wikipedia sound
               | like it might cover misrepresenting restaurant
               | partnerships - particularly if the restaurant's
               | reputation is besmirched by inept deliveries.
               | 
               | [1] https://en.wikipedia.org/wiki/Passing_off
        
               | MisterBastahrd wrote:
               | That isn't the case with these delivery services.
               | 
               | If ANYTHING is wrong with your order, they will refer you
               | to the business that cooked the food unless you blow them
               | up on the phone.
        
               | tomnipotent wrote:
               | > they will refer you to the business that cooked the
               | food unless
               | 
               | This hasn't been my experience. Every time I've used
               | Grubhub or Postmates and used their form to submit an
               | issue with an order, the services have always either
               | refunded me the issue or provided credit. I've never had
               | to deal with the restaurant, unless I wanted something
               | outside of money.
        
               | criddell wrote:
               | If you have a complaint, they just refund you right away.
               | I think they know customers could start issuing
               | chargebacks through the credit card company and they
               | wouldn't have a way to defend themselves against that.
        
           | ghaff wrote:
           | Even if there's no real impersonation involved, the reality
           | is that a lot of consumers, understandably, are going to sort
           | of lump the food _as delivered_ as something the restaurant
           | has responsibility for. After all, none of us have a lot of
           | patience for companies that take the attitude of  "Not our
           | problem. This other company was responsible for that. Take it
           | up with them."
           | 
           | This is especially true here as, historically, restaurants
           | were responsible for their own delivery. To most people,
           | these services are just something that the restaurant
           | contracted out for and is still basically on the hook for.
        
             | tomnipotent wrote:
             | > as something the restaurant has responsibility for
             | 
             | Exactly. It's not unreasonable for customers to make the
             | assumption that a restaurant has entered into an explicit
             | contract with a delivery service, the same way we hold them
             | accountable for the ingredients they select. It's a very
             | different mindset from something like postal delivery from
             | FedEx or UPS, where we are more likely to treat each party
             | as separate entities.
        
           | aquadrop wrote:
           | Then the law should be about making it clear status of the
           | restaurant. Just forbidding everything seems like wide sweep
           | action that can stifle a lot of other good/innovative
           | business models. Not something government should do.
        
             | alexander-litty wrote:
             | It is far more unpredictable to litigate based on intent
             | and public perception.
             | 
             | If an app displays a phone number but doesn't say it
             | belongs to the restaurant, is that making the current
             | partnership clear or unclear? It's a question left to
             | precedent, which means there is a chance the legislation
             | would not have teeth.
             | 
             | Instead of throwing restaurant owners into that mess, the
             | new law we have today forbids a specific set of provable
             | behaviors.
        
               | WalterBright wrote:
               | All the law has to say is that the delivery service must
               | note next to their restaurant advertisement that they are
               | not affiliated with or an agent of that restaurant.
               | 
               | This would be a simple provable thing.
        
         | [deleted]
        
         | remus wrote:
         | If everyone behaves then there is no problem with this setup,
         | however if the middleman is improperly suggesting that y is
         | buying directly from X when they are taking a cut then perhaps
         | a reasonable solution is to ban middlemen altogether.
        
         | frombody wrote:
         | I believe every country has laws against distributing food if
         | you don't have some sort of approval from some sort of health
         | and safety department.
         | 
         | If you do it once, nobody is going to care, but if you try and
         | make a business out of other people's food, you'd best be
         | compliant.
        
         | Slartie wrote:
         | They have, but not if they pretend to be X or to be somehow
         | contracted by X to do deliveries if that is not actually the
         | case.
        
         | jopsen wrote:
         | Not if you're using X branding to market the pizza to Y.
         | 
         | Especially, not if the pizza being resold doesn't live up to X
         | quality standards because it got cold.
         | 
         | Try reselling from any major fast food restaurant, they'll stop
         | selling to you, and if you paid different people to do the
         | pickup, I bet you would get sued.
        
           | ghaff wrote:
           | Is that true? I've never used any of these services but,
           | around where I live, I'd say most of the listed restaurants
           | are national fast food chains. Of course, these companies may
           | well have agreements will all of them.
        
       | maerF0x0 wrote:
       | Normally I am pretty anti- whatever california does. This time
       | I'm super pro it. This is a great way to look out for the little
       | guy getting bullied by the bigger ones. Would love to see 100x
       | more of this.
        
       | cleak wrote:
       | This seems like a very broad solution to a very specific (albeit
       | large) problem. The main thing I keep seeing mentioned is
       | impersonation. That can be solved without requiring explicit
       | agreements, and may be counterproductive in some cases.
       | 
       | Imagine Joe's Tapas actually needs to rely on deliveries during
       | COVID and isn't equipped to do it themselves. With this law
       | they'd need an explicit contract with GrubHub or the like and
       | that would surely include "we can do business using the Joe's
       | Tapas name for X". There'd be no room to change the contact and
       | even less protection for Joe's Tapas having their brand ruined.
       | 
       | Why not solve the more narrow impersonation problem? Explicit
       | transparency requirements and hefty fines for companies that run
       | aground of them.
        
       | tannerbrockwell wrote:
       | This will be overturned based on First Amendment and Free Speech
       | Grounds.
        
         | daenz wrote:
         | Maybe, if the headline matched the content. From the bill:
         | 
         | >A food delivery platform shall not arrange for the delivery of
         | an order from a food facility without first obtaining an
         | agreement with the food facility expressly authorizing the food
         | delivery platform to take orders and deliver meals prepared by
         | the food facility.
         | 
         | I don't see anywhere mentioned about not being able to "list" a
         | restaurant. Just that you cannot actually perform the delivery.
         | Presumably, you could still lie and list a restaurant that you
         | don't deliver for.
        
       | whiddershins wrote:
       | Not everything has to be solved with a new law.
       | 
       | In fact, most things shouldn't.
        
         | throw_m239339 wrote:
         | The legislator has to act when the private sector refuses to
         | behave ethically. I don't see any problem here. DoorDash and co
         | created the problem with their unethical business model, which
         | is at the expense of restaurants they list on their own website
         | without any kind of agreement whatsoever. They should have
         | stuck to restaurants who agree to do business with DoorDash.
        
         | [deleted]
        
       | wskinner wrote:
       | Looks like this is from Lorena Gonzalez, the author of the
       | notorious AB5. Like that law, it seems rather too broad. By my
       | reading it would ban a hypothetical app that worked on behalf of
       | customers to deliver orders, even if the app explicitly mentions
       | it is not affiliated with the restaurant or business. This
       | doesn't seem like a good thing for Californians.
        
         | CivBase wrote:
         | By the look of it, this gives restaurants full control over how
         | their product reaches the customer. It basically outlaws
         | competition in the food delivery market, to the obvious benefit
         | of restaurants and incumbents.
         | 
         | There is an obvious problem in how many of the food delivery
         | companies represent the restaurants they deliver from, but this
         | goes way beyond addressing that particular problem.
         | 
         | Glad this is just a CA thing.
        
       | scrps wrote:
       | I am not sure this will hurt delivery apps as much as
       | restaurants, seems to me like it would compel resturants to enter
       | into contract with delivery services (giving them an upper-hand)
       | else they lose business. Maybe pre-covid that might have been
       | survivable.
       | 
       | Perhaps I am too narrow of a demographic but since covid hit I
       | order pretty heavily from delivery services and I have completely
       | ignored resturants I like simply because they don't offer
       | delivery or are not listed with a delivery service.
       | 
       | Edit: typo
        
       | CivBase wrote:
       | > A food delivery platform shall not arrange for the delivery of
       | an order from a food facility without first obtaining an
       | agreement with the food facility expressly authorizing the food
       | delivery platform to take orders and deliver meals prepared by
       | the food facility.
       | 
       | That's more than just preventing apps from listing a restaurant.
       | I don't think delivery services should be able to represent
       | restaurants without an agreement like many of them currently do,
       | but I think this goes way too far.
       | 
       | This basically outlaws competition in the food delivery market.
       | 
       | EDIT: A food delivery service essentially buys food from a
       | restaurant, then resells it to the customer. Is there any
       | precedent for outlawing sale of a legal product to a business?
        
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