Another day, another lawsuit. A new class action lawsuit by Kristine Divney has been filed in the Supreme Court of the State of New York, claiming that Apple took an authorized Apple Pay payment on behalf of DoorDash, a food delivery service.
According to AppleInsider, Divney claims that she created an account with Caviar, the parent company of DoorDash, but not with DoorDash itself. According to the lawsuit filing, she says she hasn’t subscribed to DoorDash’s DashPass monthly service, and has never used Face ID to authorize an Apple Pay payment for this.She further states that she has never provided her Capital One credit card information to Caviar. Yet in May 2025, her Capital One account showed a $9.99 charge for a DashPas subscription.
Divney says all this amounts to violations of of New York’s Consumer Protection Act and General Business Law. Per the lawsuit filing, the Plaintiff, individually and on behalf of all other persons similarly situated, demand(s) judgment against the Defendants as follows:
A. Judgment awarding damages on the first cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts, which would otherwise have jurisdiction;
B. Judgment awarding damages on the second cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts, which would otherwise have jurisdiction;
C. Judgment awarding damages on the third cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts, which would otherwise have jurisdiction;
D. Judgment awarding damages on the fourth cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts, which would otherwise have jurisdiction;
E. Judgment awarding damages on the fifth cause of action, in an amount exceeding the monetary jurisdictional limits of all lower courts, which would otherwise have jurisdiction;
F. Interest, the costs and disbursements of this action, together with such other and further relief as to this Court deems just and proper.
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