§ 22599.2. — 22599.2. (Added by Stats. 2025, Ch. 341, Sec. 2.)

(a)
A food delivery platform shall provide a full refund, including all taxes, commissions, fees, and gratuities, to the customer if an order is not delivered or the wrong order is delivered, unless the food delivery platform determines that the customer was responsible for the nondelivery or finds evidence indicating the refund request may be fraudulent.
(b)
The food delivery platform shall refund the amount of the original paid gratuity to the customer but shall not take or deduct the
original gratuity amount from the delivery driver.
(c)
If it is not feasible for the food delivery platform to refund the paid gratuity to the customer in the original method of payment, the food delivery platform shall provide an alternate refund method for the paid gratuity.
(d)
In the event that a customer receives an order that is only partially fulfilled, the food delivery platform shall do the following:
(1)
Charge the customer only for the
portion of the order the customer received. Any taxes, fees, or gratuities directly associated with the undelivered items shall be adjusted to reflect the reduced order.
(2)
Provide a mechanism that allows the customer to adjust any gratuity that was included in the order prior to its delivery.
(e)
Along with any other refund options, the food delivery platform shall provide a mechanism that allows the customer to request that the amount of the refund be returned to the original method of payment.
(f)
This section does not prohibit a food delivery platform from removing a customer from the platform if the platform has a reasonable suspicion that the customer has committed or is committing
fraud.

Legislative History

Added by Stats. 2025, Ch. 341, Sec. 2. (AB 578) Effective January 1, 2026.