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When I worked at TaskRabbit I made an In-N-Out delivery site (https://news.ycombinator.com/item?id=4306834 https://news.ycombinator.com/item?id=4306834). It ran

by tfe 11y ago

When I worked at TaskRabbit I made an In-N-Out delivery site (https://news.ycombinator.com/item?id=4306834 https://news.ycombinator.com/item?id=4306834). It ran for a week or two before In-N-Out got wise and sent a C&D. We found out at the time that they already had a long history of fighting delivery services. It starts to bring up questions of personal liberty... can I hire someone (TaskRabbit, DoorDash) to do something on my behalf (buy In-N-Out), and act as my agent? And does In-N-Out have any basis for preventing me from doing that?

DanBlake 11y ago
Interesting question. I would think the answer as of currently, is no. That is less because forcing that restriction would be legal or illegal, and moreso because when you buy food at in-n-out you are not waving any rights or signing any document. If for instance, before every sale of a burger they made you tap a screen saying "I agree this purchase is not for delivery" then yes, the delivery person/service could be sued for tortuous interference. Unless that happens, there is broad restrictions on what companys can do to restrict secondary sales. The only caveat could be that restaurants are regulated for quality and health. If a lawsuit could prove that the delivery services are actually re-selling the food instead of merely delivering them, there might be a case there. Especially because I highly doubt these services have the relevant licenses to prepare and sell food. Its possible though.
bittercynic 11y ago
Also corporate liberty. Does In-N-Out have the right to refuse to sell to DoorDash couriers?
- DanBC 11y ago
  Of course they do. So long as they're not using protected characteristics they can sell, or not sell, to who they like.
  - dboreham 11y ago
    The delivery person would need a shirt. And shoes.
- dboreham 11y ago
  Probably not, but I don't personally want to see "unofficial" delivery services like these for reasons of quality control, food hygiene, and a desire to have a single point of responsibility for the product. If I order a Pizza from Dominos, the dude who delivers it is paid by, and represents Dominos. Therefore he is motivated to deliver quickly, to respond to any complaints I may have about the food or service, and to not spit in my food. The same is not true for a 3rd party delivery service. I can see that In-n-Out might be concerned that their brand image could suffer at the hands of substandard delivery services.
- DannyBee 11y ago
  Yes. Assuming it's only because they are doordash couriers, and not for any protected reason (race, gender, etc. In CA, even unconventional dress is protected). Note, however, that if companies conspired together to refuse service to doordash couriers, that would be an antitrust violation known as "concerted refusal to deal".
  - SilasX 11y ago
    I agree, but it would probably only be an antitrust issue if they refused to deal with DoorDash specifcally; if they maintained a clearing house for blocking everyone who resold their goods without permission, that would probably be okay, right? At the same time, good luck trying to determine which orders are DoorDash...
Sanddancer 11y ago
You have the right to request that they conduct a transaction via your agent. They have the right to refuse service to that agent. There is no prior business agreement that states that in-n-out sell to doordash agents, and refusal to do so is within their rights, as delivery person is not a protected class.
_lce0 11y ago
internet archive has a bunch of pages .. seems it was active during 2012 https://web.archive.org/web/*/http://www.burgerto.me/ https://web.archive.org/web/*/http://www.burgerto.me/

by tfe 11y ago

DanBlake 11y ago

Interesting question. I would think the answer as of currently, is no. That is less because forcing that restriction would be legal or illegal, and moreso because when you buy food at in-n-out you are not waving any rights or signing any document. If for instance, before every sale of a burger they made you tap a screen saying "I agree this purchase is not for delivery" then yes, the delivery person/service could be sued for tortuous interference. Unless that happens, there is broad restrictions on what companys can do to restrict secondary sales. The only caveat could be that restaurants are regulated for quality and health. If a lawsuit could prove that the delivery services are actually re-selling the food instead of merely delivering them, there might be a case there. Especially because I highly doubt these services have the relevant licenses to prepare and sell food. Its possible though.

bittercynic 11y ago

Also corporate liberty. Does In-N-Out have the right to refuse to sell to DoorDash couriers?

DanBC 11y ago
Of course they do. So long as they're not using protected characteristics they can sell, or not sell, to who they like.
- dboreham 11y ago
  The delivery person would need a shirt. And shoes.
dboreham 11y ago
Probably not, but I don't personally want to see "unofficial" delivery services like these for reasons of quality control, food hygiene, and a desire to have a single point of responsibility for the product. If I order a Pizza from Dominos, the dude who delivers it is paid by, and represents Dominos. Therefore he is motivated to deliver quickly, to respond to any complaints I may have about the food or service, and to not spit in my food. The same is not true for a 3rd party delivery service. I can see that In-n-Out might be concerned that their brand image could suffer at the hands of substandard delivery services.
DannyBee 11y ago
Yes. Assuming it's only because they are doordash couriers, and not for any protected reason (race, gender, etc. In CA, even unconventional dress is protected). Note, however, that if companies conspired together to refuse service to doordash couriers, that would be an antitrust violation known as "concerted refusal to deal".
- SilasX 11y ago
  I agree, but it would probably only be an antitrust issue if they refused to deal with DoorDash specifcally; if they maintained a clearing house for blocking everyone who resold their goods without permission, that would probably be okay, right? At the same time, good luck trying to determine which orders are DoorDash...

Sanddancer 11y ago

You have the right to request that they conduct a transaction via your agent. They have the right to refuse service to that agent. There is no prior business agreement that states that in-n-out sell to doordash agents, and refusal to do so is within their rights, as delivery person is not a protected class.

_lce0 11y ago

internet archive has a bunch of pages .. seems it was active during 2012 https://web.archive.org/web/*/http://www.burgerto.me/ https://web.archive.org/web/*/http://www.burgerto.me/