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Arkin v. DoorDash Inc.

Arbitral Clause's Unconscionability Is Enforceability Question Delegated to Arbitrator

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MEMORANDUM & ORDER   Plaintiff Alan Arkin brings this putative class action against DoorDash, Inc. (“DoorDash”). (Compl. (Dkt. 1).) Plaintiff alleges that DoorDash misled him and other customers into believing that workers who delivered food ordered through the DoorDash mobile app would receive tips entered by the customers on the app. Instead, the tips subsidized DoorDash’s labor costs. (Id. 1.) Plaintiff brings claims pursuant to New York General Business Law §349 and similar consumer protection statutes of other states, as well as for common law fraud and unjust enrichment. (Id.) Before the court is Defendant’s motion to compel arbitration of Plaintiff’s claims and to stay this action pending the completion of arbitration. (Def.’s Mot. to Compel Arbitration (“Mot.”) (Dkt. 19); Mem. in Supp. of Mot. to Compel Arbitration (“Mem.”) (Dkt. 19-1); Mem. in Opp. to Mot. to Compel Arbitration (“Opp.”) (Dkt. 19-5); Reply (Dkt. 19-8).) For the reasons stated below, Defendant’s motion is GRANTED. I. BACKGROUND A. Facts Plaintiff Alan Arkin is a resident of Brooklyn, New York who made approximately 38 purchases through DoorDash’s food delivery app over a period spanning June 2015 to February 2019. (Compl.

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