The FTC announced an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on a potential nationwide rule to address unfair or deceptive fee practices by online food and grocery delivery platforms. The ANPRM covers requirements for disclosing total prices, fees, variable charges, price differentials, and promotion terms. Past FTC enforcement actions against Instacart and Grubhub for deceptive fee practices are cited as evidence of ongoing issues in the industry.
In-house legal teams at online food delivery platforms should review customer-facing terms of service, pricing agreements, and vendor contracts with restaurant partners. Key clauses to audit include pricing disclosures (ensuring total item and delivery prices are displayed upfront), fee schedules (disclosing all mandatory, variable, and contingent fees before checkout), promotion and discount terms (stating all material restrictions), and billing clauses (prohibiting unauthorized charges). Vendor agreements should also require restaurants to disclose any price differentials between in-store and delivery menu items, and customer agreements should disclose if personalized pricing is used.
Entity
Online Food and Grocery Delivery Platforms
Industry
Food Delivery"FTC Seeks Public Comment on Unfair and Deceptive Fee Practices in Online Food and Grocery Delivery Services"
"April 14, 2026"
"Federal Trade Commission"
"online food and grocery delivery platforms"
"Unfair or deceptive fee practices violate the FTC Act."
"FTC is seeking public comment on whether a rule is needed to address unfair or deceptive fee practices in connection with the services provided by online food and grocery delivery platforms nationwide."
The FTC settled charges with data broker Kochava, Inc. and its subsidiary Collective Data Solutions (CDS) over allegations that they sold precise location data from hundreds of millions of mobile devices without consumer consent, enabling tracking of visits to sensitive locations like reproductive health clinics and places of worship. The settlement prohibits the companies from selling or sharing sensitive location data without affirmative express consumer consent, and imposes compliance requirements including a sensitive location data program, supplier consent assessments, incident reporting, and data retention schedules. No monetary penalty was imposed.
The FTC filed a complaint and obtained a temporary restraining order against six defendants operating a deceptive health care scheme that impersonated government and insurance carriers to sell fake comprehensive health plans. The defendants allegedly charged consumers without express informed consent, failed to disclose material terms including cancellation processes, and misled consumers into paying for inadequate coverage that left many with substantial medical debt. The FTC seeks refunds for affected consumers and alleges violations of the FTC Act, Telemarketing Sales Rule, Impersonation Rule, and Gramm-Leach-Bliley Act.
$140.0M
Following an FTC investigation, a federal court granted summary judgment against timeshare exit scheme operator Christopher Carroll, ordering him to pay $140 million total ($95 million in consumer redress, $45 million civil penalty) for defrauding consumers out of over $90 million. The scheme used deceptive direct mail and in-person pitches, falsely claimed affiliation with timeshare companies, failed to provide refunds, and violated the FTC’s Cooling-Off Rule by forcing consumers to sign non-cancellable contracts. Carroll is also permanently banned from marketing timeshare exit services or engaging in deceptive door-to-door sales.
This press release announces the FTC's testimony before the Senate Commerce, Science and Transportation Committee on April 15, 2026, outlining the agency's priorities including consumer privacy protection, competition enforcement, and implementation of the TAKE IT DOWN Act. No specific enforcement action against a private entity is announced in this release.
$868K
The FTC announced three separate settlements with companies making false 'Made in USA' claims: TouchTunes (electronic dartboards, $625k consumer redress), Americana Liberty and related parties (flags and flagpoles, $167,743 redress), and Oak Street Bootmakers (footwear, $75k redress). The companies violated the FTC Act, Made in USA Labeling Rule, and for Americana Liberty, the Textile Act and Rules, by making unqualified origin claims for products with significant imported components or wholly imported from China. Each settlement prohibits future misrepresentations of U.S. origin and requires consumer notices.
$750K
The FTC alleged that Vanilla Chip LLC (d/b/a TruHeight) deceptively advertised height-enhancing supplements for children and teens without competent scientific evidence, and used fake employee-written and incentivized 5-star reviews. The proposed settlement requires TruHeight and its principals to pay $750,000, bars false health claims, and prohibits misleading review practices. A $4 million total judgment is partially suspended due to the respondents' inability to pay the full amount.