DoorDash, Apple Pay Class Action Lawsuit: Unauthorized DashPass Charges

A class action filed in June 2025 accuses DoorDash and Apple Payments Services of charging consumers $9.99 for DashPass subscriptions they never signed up for, and of doing so through Apple Pay without the Face ID check Apple advertises. The DoorDash Apple Pay class action lawsuit, Divney v. DoorDash, Inc. d/b/a Caviar, et al., was brought in New York state court by a Caviar app user who says neither company would reverse the charge and that a support representative told her the only way to stop future billing was to cancel her credit card.¹

What the Plaintiff Says Happened

Kristine Divney used the Caviar food delivery app and paid through Apple Pay, choosing that method specifically for its Face ID requirement. She never created a DoorDash account and never manually entered her Capital One credit card into Caviar.² On May 29, 2025, a $9.99 charge for a DashPass subscription appeared on her card statement.³

When she contacted DoorDash, she was told the company had no record of her purchasing or holding an active DashPass subscription. DoorDash refused to refund the charge anyway. A support representative allegedly told her the only way to stop future charges was to cancel the credit card.¹ According to the complaint, even that may not work. Some consumers reportedly found DoorDash charged their replacement cards, and the only reliable fix was an indefinite block on all DoorDash and Caviar transactions through the card issuer.²

What DoorDash Is Accused Of

The complaint alleges DoorDash enrolled consumers in DashPass without their knowledge or consent, then designed the cancellation process to be difficult in a way that contradicts its own marketing. DoorDash promotes DashPass as a $9.99-per-month subscription that can be canceled anytime with no strings attached.⁴

An independent 2024 analysis of the DashPass cancellation flow identified interface tactics commonly described as dark patterns: the cancellation option sits buried in general settings, a retention offer appears before users can proceed, and the button to keep the subscription is visually more prominent than the option to cancel.⁵

What Apple Payments Services Is Accused Of

Apple markets Apple Pay as requiring biometric confirmation for every transaction. The lawsuit says Apple Payments Services processed the DashPass charge without requiring Face ID or any other authentication, and that Divney never used Face ID to authorize the payment.²

Independent security research offers some technical backing for the theory. A paper presented at the 2024 USENIX Security Symposium found that banks often allow recurring transactions to proceed without the verification required for one-time purchases, effectively substituting a wallet’s biometric check for cardholder verification and not always validating transaction metadata against the original subscription terms. The researchers called it a “trap door” in digital wallet security.⁶

How a Charge Appeared Without a DoorDash Account

DoorDash owns and operates Caviar. The complaint suggests activity on the Caviar app may have triggered a DashPass enrollment through DoorDash even though Divney never created a DoorDash account. Her Caviar account showed no active DashPass subscription. DoorDash’s own systems had no record of one. The $9.99 charge still hit her statement.² How the subscription charge materialized without any corresponding account record is one of the central questions the lawsuit raises.

The Legal Claims and Proposed Class

The complaint was filed on June 6, 2025, in the Supreme Court of the State of New York, County of New York, under Index No. 653442/2025.³ It brings claims under:

New York General Business Law § 349, prohibiting deceptive business practices
New York General Business Law § 350, prohibiting false advertising
New York City Administrative Code § 20-700, prohibiting deceptive or unconscionable trade practices
Common-law negligence, fraud, and unjust enrichment

The complaint characterizes the alleged conduct as a scheme to coerce and defraud consumers, arguing DoorDash falsely advertised easy cancellation while Apple Pay falsely advertised biometric security.⁷ Divney seeks class certification, monetary damages, attorney fees and costs, and a jury trial. The proposed class covers all consumers who received unauthorized DashPass charges via Apple Pay within the applicable statute of limitations.¹

Where the Case Stands

Service on both defendants was completed in June 2025, and a stipulation extending the defendants’ time to answer was filed on June 26, 2025. On July 10, 2025, a notice of removal was filed, indicating one or both defendants sought to move the case to federal court.⁸ As of mid-2026, the docket shows no further entries after the removal notice, and neither Apple nor DoorDash has publicly commented on the suit.² No separate lawsuits or consolidated actions over the same conduct have been reported. Class certification has not been decided, so there is no claim form or settlement fund at this stage.

If You Were Charged for a DashPass You Never Signed Up For

Check your card statements for a $9.99 DoorDash or Caviar charge, and check both your Caviar and DoorDash accounts for any active DashPass subscription. According to the plaintiff’s experience, DoorDash may say there is no subscription on file and still decline to refund. The complaint alleges that canceling the affected card is not always enough, because charges have appeared on replacement cards issued afterward; the reliable stop was an indefinite merchant block on DoorDash and Caviar placed through the card issuer.² Keep the statements showing the charge and any correspondence with DoorDash support, since those are the records that would matter if a class is later certified.

1
ClassAction.org. DoorDash Apple Pay Facing Class Action Lawsuit Over Allegedly Unauthorized DashPass Subscription Charges
2
AppleInsider. Lawsuit Accuses Apple Pay of Taking Unauthorized Subscription Payments
3
Top Class Actions. DoorDash Apple Pay Class Action Claims Users Were Charged Without Consent
4
DoorDash. Introducing Unlimited $0 Delivery With DashPass Subscription
5
Deceptive Design. DoorDash How to Cancel DashPass Subscription
6
USENIX. In Wallet We Trust: Bypassing the Digital Wallets Payment Security for Free Shopping
7
ClassAction.org. Divney v. DoorDash, Inc. et al. Complaint
8
Trellis Law. Kristine Divney v. DoorDash, Inc. d/b/a Caviar, Apple Payments Services LLC