DoorDash Wrongful Account Deactivation: What to do?

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  • DoorDash Wrongful Account Deactivation: What to do?
19 Apr, 2024
Daniel Cohen
5 min
3853
how to sue doordash

When DoorDash Wrongful Deactivation Causes You Harm, Know What To Do Next

If DoorDash wrongfully denies your application or deactivates your driver account due to errors in a background check or illegal, unfair, or discriminatory reasons, you have rights. We explain how to salvage your mobile delivery career, protect your financial well-being, and repair damages.

Competition in the delivery market for consumer goods is tight. Technology companies like DoorDash provide unique platforms for streamlined mobile delivery service in a market packed with other well-known companies offering similar services.

Additionally, even competition within the DoorDash platform is intense since so many people have opted to step into the mobile delivery industry to generate full-time or part-time income. This level of competition means that when your DoorDash account is suspended, it can significantly affect your career trajectory, financial state, and emotional well-being.

Because of the potential for harsh consequences, when a DoorDash wrongful deactivation occurs, you need to know what steps to take to protect yourself. I'll explain why these deactivations happen, how to appeal them, why DoorDash background check errors occur, whether a lawsuit is a good option, and how to seek legal help to navigate this situation when it arises.

Why DoorDash Deactivated You

Before 2017, DoorDash's deactivation procedures were shrouded in a level of mystery and confusion that left Dashers feeling like their livelihood was subject to the company's whim.

However, a class action lawsuit against DoorDash, which was settled in 2017, resulted in some meaningful changes to the company's deactivation process. DoorDash now reserves the right to deactivate accounts for failure to adhere to the terms of the Independent Contractor Agreement or to their posted policies. Information for appealing a deactivation decision is also made available.

The policy-based deactivation reasons include:

  1. Performance factors
    • Low acceptance rates
    • Low completion rates
  2. Safety and Security factors
    • Violence, abuse, discrimination, or harassment
    • Drug or alcohol use
    • Unsafe driving (whether on bike, scooter, or in a car) 
    • Illegal or criminal behavior 
    • Failed background check
    • Disclosing passenger personal information 
    • Tampering with, opening, or handling delivery food 
    • Exchange of goods or services outside the parameters of the platform 
  3. Platform Violation factors
    • Trying to manipulate or disrupt the platform or program
    • Misusing the prepaid DoorDash cards (aka Red Cards)
    • Providing inaccurate or fraudulent information
    • Surreptitious copying or stealing of electronic data from the platform
    • Engaging in unauthorized access, account/password sharing, or infringing on third-party intellectual property rights
  4. Contract Violation factors
  5. Failing to abide by record-keeping or time-sensitive service requirements

Deactivations are generally communicated via the Dasher platform (the App) and email. Look to the latter for an explanation an explanation of the reason. Whether you'll need to contact a lawyer to sue DoorDash depends on the outcome of any potential appeal.

How to Appeal a DoorDash Deactivation

Under the 2017 settlement, DoorDash established a formal appeals process, which is posted on its website. Appeals are submitted via a link on the website. However, appeals are unavailable to anyone whose account is deactivated due to poor performance metrics (such as customer ratings or completion rates). 

If your DoorDash deactivation appeal is denied and you feel that it is unjustified in the circumstances, talk to a lawyer to determine if you have a legal case.

Why is My DoorDash Background Check Suspended?

If you receive notification that your DoorDash background check is suspended, this means that you need to provide additional information to the consumer reporting agency (CRA) that DoorDash uses to gather, review, and compile the data in the background check report. 

The CRA that DoorDash currently uses is a company called Checkr. For DoorDash background reports, Checkr specifically targets data related to your criminal history and driving record. This information is gathered from multiple sources, including municipal and court records. 

A suspended background check can result from incomplete or inaccurate information provided to Checkr during intake. Or, it can result from identity issues that may arise once the data-gathering process is underway. For instance, Checkr may require additional information to distinguish between individuals with the same name and similar birthdates. 

To clear the “suspended” status, be sure to provide Chekr with the requested information as soon as possible, following their procedures for submission. Once the background check is back in progress, your status should be updated.

How to Fix DoorDash Background Check Status?

DoorDash runs background checks on all users. A successful background check report is required for new applicants to access the platform or for existing drivers to maintain access.

Once the background check process is underway, your DoorDash background check status is indicated as one of the following:

  • In Progress (DoorDash is reviewing the report).
  • Clear (The report is clear of disqualifying data).
  • Pending (The report is still being prepared).
  • Disputed (You have initiated a dispute of the report).
  • Suspended (You are required to submit additional information).

You cannot speed up the process, so if your status is listed as "In Progress" or "Pending," you must simply wait for it to complete. This can take time, particularly if Checkr encounters any data gathering, review, or identity confirmation issues. If you are flagged as "Suspended," you should provide the requested information.

If after providing Checkr with accurate personal information, they do not remove your background check status from a “Suspended” status within 30 days of receipt of the accurate personal information, contact a consumer protection attorney to help.

If you are currently in a "Disputed" status, then the timing is largely dictated by the relevant consumer protection laws. (see below)

What to do if Your DoorDash Background Check Results in a Denial

DoorDash has a system for notifying applicants when there is likely to be a denial based on something that showed up in the background check report. This notification is called a "Pre-Adverse Action Notice." Dasher Background Check FAQ This notice is basically a heads-up that your report is under scrutiny to see if the information is inconsistent with DoorDash's policies, and a denial is likely.

If you receive a "Pre-Adverse Action Notice" (or any other notice of denial based on your background check report) and believe it is based on misleading, inaccurate, or false information, you should contact a consumer protection attorney immediately.

Background check errors are governed under the Fair Credit Reporting Act (FCRA) at the federal level and equivalent laws at the state level. There is a process for disputing these errors. The law provides legal protections for the consumer (you), legal obligations for the CSA (Checkr), and remedies for any harm suffered as a consequence. 

Timing Considerations

BE AWARE! DoorDash considers receipt of this notice to be the start of a 10-day time period for disputing any errors in your background check report.

And, even though the DoorDash website advises you to immediately dispute the erroneous information with Checkr using their online portal, your best bet is to immediately contact a consumer protection attorney, such as those practicing at Consumer Attorneys.

For instance, using Checkr's online dispute platform may require that you waive your right to pursue a lawsuit against Checkr for the errors they reported. A skilled and knowledgeable attorney can advise you on how best to dispute these errors while retaining your right to pursue all legal options.

Again, immediately contact a consumer protection attorney to discuss the best steps. But if you choose not to review your situation with an attorney, then be sure to follow all of the deadlines and requirements outlined in DoorDash's posted policies and procedures.

Can I sue DoorDash for Deactivating Me?

If you've been subject to a DoorDash wrongful deactivation and your DoorDash deactivation appeal is denied, your initial instinct may be to question, "Can I sue DoorDash for wrongful termination?" And the answer is possible.

Determining whether you have the legal grounds to sue, whether pursuing a lawsuit is worthwhile, and which legal strategy has the potential for the best outcome are all part of a comprehensive legal analysis undertaken when you contact a lawyer to sue DoorDash.

These matters can require complex assessments for several reasons:

At Consumer Attorneys, we have attorneys in seventeen states, many licensed to practice in several states. We also maintain a thriving referral network. So, if we aren’t practicing where you live, we can get you to someone who is. 

  1. The Circumstances are heavily fact-dependent. In other words, when you consult an attorney, they will need to do a deep dive into the short and long-term fact patterns that led to deactivation and appeal denial. This includes all relevant facts, communication, engagement, ratings, background info, and harms you may have suffered throughout your work with DoorDash or as a consequence of being unfairly or wrongly deactivated. 
  2. Multiple legal theories may be implicated in a DoorDash wrongful deactivation lawsuit. For instance, do the facts amount to a wrongful termination claim? Has erroneous background check information and insufficient investigation resulted in the deactivation and appeal denial? Is there a pattern of discrimination or retaliation?  
  3. Employment law is heavily regulated by the state. While there are certain federal protections available, state law can drive much of the legal landscape for employment-related lawsuits. You’ll need someone knowledgeable about the state employment laws where you live.

    At Consumer Attorneys, we have attorneys in seventeen states, many licensed to practice in several states. We also maintain a thriving referral network. So, if we aren’t practicing where you live, we can get you to someone who is.

  4. Background check reports are regulated at the federal and state levels. Misleading, inaccurate, or false background check information that results in application denials and subsequent removal from the platform is regulated under federal and state law, including the Fair Credit Reporting Act. The Federal Trade Commission Provides helpful insight into Employer Background Checks and Your Rights | Consumer Advice.

An attorney with expertise in employment law and consumer protection can guide you through the process of figuring out which, if any, laws are implicated by the facts of your DoorDash deactivation and appeal denial. They can provide a thorough claims analysis, discuss the options for how best to proceed, and assess the compensation potential for any harm suffered due to illegal, unfair, or discriminatory actions.

How do I File a Lawsuit Against DoorDash

If you're wondering, "Can I sue DoorDash?" your DoorDash deactivation appeal was probably just denied, or your background check came back with misleading, inaccurate, or false information that disqualified you from using the platform.

However, defending yourself against a wrongful denial or deactivation by DoorDash can be tricky. Knowing how to sue DoorDash is about pursuing legal advice while protecting your interests along the way.

  1. Pursue legal advice. Contact a consumer protection lawyer or an employment lawyer (sometimes called a wrongful termination lawyer) immediately. Federal and state laws impact and shape the pursuit of claims in these highly nuanced areas of the law. For this reason, working with a lawyer or law firm skilled at representing clients in both is ideal.
  2. Document your experience. Whether you have already contacted a lawyer to sue DoorDash or are just getting started on discovering that you've been denied or deactivated, you should document your experience carefully. Keep detailed notes regarding dates, names, communication, notices, and engagement. Write down any information that seems relevant or may support your claim of a DoorDash wrongful deactivation.

Speak to a Wrongful Termination Lawyer at Consumer Attorneys

Whether you experience a DoorDash background check error or a DoorDash Wrongful deactivation, Consumer Attorneys is your greatest asset and your best shot at recovering compensation for the harm you suffered.

The consequences of being prevented from accessing or using the DoorDash platform can be devastating when your financial well-being depends on it. This harm is compounded when you know or suspect that illegal, unfair, or discriminatory actions caused it.

The attorneys at Consumer Attorneys have years of experience representing clients in actions against DoorDash and other mobile delivery platforms and in actions against CRAs (including Checkr) that include wrong information in background check reports. Our top-tier team of consumer protection lawyers, background check lawyers, and wrongful termination lawyers have the skills, experience, and knowledge to guide, advise, and represent your best interests every step of the way. 

Contact Us Today!

At Consumer Attorneys, our consultations are always free, our attorneys' fees and costs are paid by the companies we sue, and we only get paid if you win.

Get in touch with Consumer Attorneys today to schedule your free consultation. There are several ways to reach us: call +1-877-615-1725, email [email protected], fill out the online intake form, or use the convenient virtual chat option to contact our dispatcher.

Let our expertise power your win. We look forward to helping you!

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Daniel Cohen is the Founding Partner of Consumer Attorneys
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Daniel Cohen
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Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a wealth of proven legal experience in the US in: collective claims, representing visually impaired people who believe their rights under the Americans with Disabilities Act have been violated in both the physical and digital environments, corporate governance and dispute resolution. Read more

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