FTC Opens Investigation Into Hidden Fees on Food Delivery Apps, Seeks Public Comment
The Federal Trade Commission is investigating whether a federal rule is needed to stop deceptive fee practices by DoorDash, Uber Eats, Instacart, and similar platforms. The agency has already extracted $85 million in settlements from Instacart and GrubHub for misleading consumers about delivery costs.
The Federal Trade Commission has launched a formal investigation into hidden fees charged by online food and grocery delivery platforms, signaling that a federal rule could follow.
The agency published an Advance Notice of Proposed Rulemaking targeting practices it considers deceptive: fees that are "unclear, inconsistently disclosed or revealed only at the last moment before consumers make a purchase." The FTC is seeking public comment over a 30-day window on whether a binding federal rule is needed.
What the FTC is investigating
The ANPRM asks the public to weigh in on eight specific areas where delivery platforms may be deceiving consumers:
| Area | What the FTC wants to know |
|---|---|
| Total price transparency | Do platforms clearly disclose the full cost of an order? |
| Fee clarity | Are fees and their purposes explained before purchase? |
| Variable fees | Are the factors that change prices disclosed to consumers? |
| Mandatory vs. optional fees | Do consumers know which charges they can avoid? |
| Price comparisons | Are platform prices consistent with in-store pricing? |
| Personalized pricing | Do platforms charge different prices based on user profiles without disclosure? |
| Discount limitations | Are restrictions on promotions clearly communicated? |
| Unauthorized charges | Are consumers billed for purchases they didn't agree to? |
The personalized pricing question is notable -- it asks whether platforms are quietly charging different users different prices for the same items based on their order history, location, or device, without telling them.
$85 million in enforcement so far
The investigation follows two major enforcement actions:
Instacart paid $60 million in December 2025 to settle FTC allegations that it falsely advertised "free delivery" on consumers' first three orders while charging undisclosed service fees at checkout.
GrubHub paid $25 million in December 2024 to settle allegations that it misled consumers about the true cost of delivery on its platform.
Both settlements resolved complaints about the same core practice: advertising low or free delivery while burying additional charges in the checkout flow.
What a federal rule would change
Without a formal rule, the FTC can pursue individual enforcement actions against platforms -- the Instacart and GrubHub settlements are examples. But a codified rule would allow the FTC to impose civil penalties on violators and secure consumer redress, establishing uniform national protections rather than relying on a patchwork of state-level regulations and case-by-case enforcement.
The ANPRM is the first step in a potentially lengthy rulemaking process. After the comment period closes, the FTC would need to publish a proposed rule, take another round of comments, and then finalize it -- a process that typically takes years.
Chairman Andrew Ferguson has made fee transparency a signature issue, having previously launched a similar ANPRM targeting hidden fees in rental housing in January 2026.