Paid Uber Eats' Priority Fee? Your Order May Not Have Gone Direct

A proposed class action accuses Uber Eats of misleading customers with its priority fee, usually $1 to $5, charged for orders marketed as "direct to you" or "delivered directly to you." Despite that promise, the lawsuit alleges drivers can still make other pickups and deliveries before completing the priority order.

According to the complaint, Uber never tells drivers that a customer paid extra for direct delivery. Drivers may also be juggling deliveries for other apps at the same time, and Uber's own batching system can route them to pick up additional orders before finishing a priority delivery, the suit claims.

The named plaintiff says they paid the priority fee at least 16 times over the past year. On November 8, 2025, they allege they paid an extra $1.49 for priority delivery, only for the driver to make other stops first. The complaint claims Uber admitted the order wasn't delivered directly, yet still declined to issue a refund.

The lawsuit brings claims under California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, along with common-law fraud. It seeks class certification, damages, restitution, punitive damages, injunctive and declaratory relief, attorneys' fees, interest, and a ruling that Uber's arbitration agreement is invalid or unenforceable.

This case is still in its early stages, no settlement exists and no class has been certified yet. Available sources don't indicate how Uber plans to respond to the allegations.

The proposed nationwide class would include anyone who paid an Uber Eats priority fee for an order marketed as "direct to you" or "delivered directly to you." There's nothing to file right now, no claim form or proof is required. If the class is certified or a settlement is later reached, the court would need to approve a notice spelling out any steps affected customers might need to take.