Caviar and Apple Face Lawsuit Over Allegedly Sneaky Subscription Charges

Case Overview: A class action lawsuit claims Caviar and Apple Pay secretly enrolled consumers in DoorDash’s “DashPass” subscription without authorization, violating state consumer protection laws.

Consumers Affected: New York consumers who were charged for DashPass subscriptions through Apple Pay without consent via the Caviar app.

Court: Supreme Court of the State of New York, County of New York

Caviar and Apple Pay are running a stealthy subscription scam, charging users for services they never signed up for and making cancellation nearly impossible, a new lawsuit alleges.

A New York woman has filed the lawsuit against Apple and Caviar parent company DoorDash alleging that unsuspecting consumers are being enrolled in DoorDash’s “DashPass” subscription via Apple Pay without authorization, in violation of state consumer protection laws.

Surprise Charges Hit Customers Without Subscription or Face ID

New York City resident Kristine Divney says she downloaded the Caviar app to order food but never created a DoorDash account or subscribed to DashPass, which offers perks like free delivery and reduced fees. Divney exclusively used Apple Pay as her payment method, relying on its promised Face ID security for purchases.

But in May 2025, a $9.99 charge from DoorDash for DashPass appeared on her Capital One credit card, the lawsuit states. Divney claims she never authorized the charge and never even used Face ID to confirm it, and her Caviar app showed no record of any active subscription. When she contacted DoorDash support, they confirmed she didn’t have a DoorDash account or a DashPass plan and told her they couldn’t reverse the charge and she would instead have to cancel her card entirely.

Lawsuit Details Alleged Broken Promises and "Dark Patterns"

The complaint accuses DoorDash of intentionally charging users for DashPass without their consent and making the cancellation process deliberately confusing, comparing the actions to tactics at the center of the FTC’s ongoing case against Amazon for deceptive Prime enrollments. 

Apple Pay, meanwhile, is alleged to have failed its promise to require Face ID for transactions, letting the charge go through without the biometric check Divney relied on.

Together, the companies are accused of engaging in a scheme that misleads consumers, violates New York’s General Business Law, and unjustly enriches themselves through unauthorized payments.

Caviar and Apple Join List of Companies Facing Consumer Backlash

This isn’t the first time either company has landed in legal hot water. DoorDash previously paid $16.75 million to settle claims it withheld tips from delivery workers in New York, while Apple is currently facing a separate lawsuit in Washington for allegedly concealing repair costs on iPhones in violation of local consumer protection laws. 

Subscription auto-renewal complaints are also mounting against platforms including OnlyFans and Fox, possibly highlighting a legal crackdown on digital companies using sneaky billing practices.

Divney is bringing the case on behalf of herself and other New York consumers who were charged for DashPass subscriptions through Apple Pay without consent. The lawsuit seeks damages and injunctive relief to stop the alleged deceptive practices. 

Case Details

• Lawsuit: Divney v.Doordash, Inc. D/B/A Caviar and Apple Payments Services LLC
• Case Number: 1:25-cv-05708
• Court: Supreme Court of the State of New York, County of New York 

Plaintiffs' Attorney:

• Michael J.S. Pontone (The Law Offices of Michael J.S. Pontone, Esq., P.C.)

Do you use Apple Pay to pay for your food deliveries? Let us know if you’ve ever had any issues in the comments below