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SD 3939

An Act relative to refunds and customer service standards for food delivery platforms

194th Legislature (2025-2026) Introduced by Mike Rush

Food delivery platforms must fully refund customers for undelivered or incorrectly delivered orders, including gratuities and all purchase components, with live support access.

Referred to the committee on Rules of the two branches, acting concurrently
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Bill Summary · SD 3939

Summary of SD 3939 (Session 194th) – An Act relative to refunds and customer service standards for food delivery platforms

Purpose and intent

This bill establishes explicit refunds and customer service standards for food delivery platforms operating in Massachusetts. It aims to protect consumers when orders are undelivered or delivered incorrectly, ensure timely and clear access to customer support, and classify violations as potentially unfair or deceptive practices under Chapter 93A.

Key provisions and changes

  • Definitions inserted into Chapter 93

    • Food delivery platform: any business operating a digital platform (website or mobile app) that facilitates purchase and delivery of prepared food from vendors to customers.
    • Customer: an individual who places an order through a food delivery platform.
    • Delivery worker: an individual who delivers food on behalf of a food delivery platform.

  • New statutory section: Refunds for undelivered or incorrect orders (Section 107A)

    • Full refund: Platforms must refund all amounts paid by the customer if the order is not delivered or delivered incorrectly. This includes purchase price, taxes, fees, delivery charges, commissions, and gratuities.
    • Denial of refund: Platforms may deny a refund only if they reasonably determine the customer was responsible for non-delivery or incorrect delivery, or if the refund request is fraudulent.
    • Partial deliveries: If only part of an order is delivered, the platform must charge only for the delivered portion and refund the remainder, with proportional adjustments to taxes, fees, and gratuities.
    • Refund method: Refunds must be issued to the original payment method (cannot be limited to credits or vouchers).

  • Gratuities (Section 3)

    • Any gratuity paid in connection with an undelivered or incorrect order must be refunded.
    • The refunded gratuity must not be deducted from or reclaimed from a delivery worker’s compensation.

  • Customer service access (Section 4)

    • Platforms must offer a clear and accessible way for customers to communicate with a live customer service representative if automated systems fail to resolve a complaint.

  • Enforcement and compliance (Section 5)

    • Violations of these provisions are deemed unfair or deceptive acts or practices under Chapter 93A.

  • Effective date (Section 6)

    • The act would take effect on January 1 following enactment.

Who would be affected

  • Food delivery platforms operating in Massachusetts (including their websites and mobile apps).
  • Customers who place orders through these platforms.
  • Delivery workers, who are protected insofar as gratuities refunded in undelivered/incorrect orders must not be reclaimed from their compensation.

Procedural and timeline notes

  • The bill was introduced as Senate Docket No. 3939 on May 28, 2026, and referred to the Rules of the two branches for concurrent action.
  • Effective date is January 1 following passage, giving platforms a defined compliance timeline after enactment.

Potential impact

  • Consumer protections: Strengthens remedies for customers when orders are not delivered or are incorrect, ensuring complete refunds, including gratuities.
  • Platform practices: May require procedural changes to process refunds promptly and maintain clear channels for live customer support.
  • Economic implications: Could affect platform revenue models and refund processing costs; clarifies that refunds apply to all components of the purchase (including taxes and fees).
  • Legal accountability: Violations would be actionable under Chapter 93A, potentially increasing enforcement risk for non-compliant platforms.

If you’d like, I can compare these provisions to current Massachusetts consumer protection standards or similar laws in other states for additional context.

Compiled from official sources — confirm details with the bill’s official record.

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