{"coverage_note":"Five categories were evaluated for Instacart. Discrepancy_pricing: a major confirmed finding \u2014 the FTC's December 2025 $60 million settlement established that Instacart's 'free delivery' promotions were deceptive because mandatory service fees up to 15% were withheld until final checkout. Discrepancy_availability: a confirmed finding, substantively overlapping with pricing \u2014 the price shown during browsing materially differs from the price charged at checkout due to undisclosed fees, confirmed by the same FTC action. Discrepancy_identity: no finding \u2014 searches did not surface verified evidence of merchant-of-record ambiguity or counterparty confusion; the FTC settlement actually reinforced that Instacart (Maplebear, Inc.) is the clear transactional counterparty. Discrepancy_policy: a confirmed finding \u2014 the FTC established that Instacart hid the cash-refund option in its self-service flow, contradicting its stated satisfaction guarantee and refund policy. Discrepancy_undisclosed_constraint: a confirmed finding \u2014 the satisfaction guarantee's actual eligibility conditions and remedy scope were found by the FTC to be materially more limited than advertised. Independent reverification that Instacart's platform UI has been remediated per the FTC consent order's requirements was not possible within these scans, so findings reflect conduct confirmed through at least 2024 and settlement terms announced December 2025.","human_handoff_required_for":[{"action":"Escalate to a human when the checkout total materially exceeds the sum of advertised item prices plus any explicitly advertised delivery fee \u2014 specifically when an undisclosed service fee (up to 15% of order value) appears at the final checkout screen that was not surfaced during browsing or cart-building, and the user has not pre-approved that additional cost.","evidence":[{"description":"The FTC alleged and Instacart settled for $60 million in December 2025, confirming that Instacart systematically withheld mandatory service fees until the final checkout screen while advertising 'free delivery,' a practice Instacart's own internal research acknowledged as a 'bait-and-switch.'","reference":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-takes-action-against-instacart-deceptive-free-delivery-claims-hidden-fees"}],"last_checked_date":"2026-06-29"},{"action":"Escalate to a human when attempting to obtain a cash refund for a problematic Instacart order and the in-app self-service order-problem flow offers only store credit as a remedy, without presenting a cash-refund option \u2014 the agent should not accept store credit as the final resolution without human confirmation.","evidence":[{"description":"The FTC's December 2025 lawsuit and $60 million settlement found that Instacart deliberately hid the cash-refund option from its self-service order-problem menu, steering consumers toward store credit rather than the cash refunds its satisfaction guarantee promised.","reference":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-takes-action-against-instacart-deceptive-free-delivery-claims-hidden-fees"}],"last_checked_date":"2026-06-29"},{"action":"Escalate to a human when a user invokes Instacart's 'satisfaction guarantee' as the basis for a refund claim after an order problem, because the actual eligibility conditions and available remedies were found by the FTC to be materially more limited than advertised and cannot be reliably determined from the promotional language alone.","evidence":[{"description":"The FTC established in its December 2025 settlement that Instacart's 'satisfaction guarantee' was materially misleading \u2014 the scope of qualifying problems, available remedies, and payout conditions were not disclosed upfront, meaning consumers discovered the constraints only after attempting to use the guarantee.","reference":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-takes-action-against-instacart-deceptive-free-delivery-claims-hidden-fees"}],"last_checked_date":"2026-06-29"},{"action":"Escalate to a human when a user is being enrolled in or billed for Instacart+ (the subscription service), if the enrollment was not explicitly and separately authorized by the user during the current session \u2014 the FTC found Instacart enrolled consumers in Instacart+ without adequate consent as part of the same enforcement action.","evidence":[{"description":"The FTC's December 2025 $60 million settlement covered allegations that included unauthorized Instacart+ subscription enrollment, establishing that subscription charges were applied without sufficiently clear consumer authorization.","reference":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-takes-action-against-instacart-deceptive-free-delivery-claims-hidden-fees"}],"last_checked_date":"2026-06-29"}],"record_verification":{"last_checked_agentic_scan":"2026-06-29","last_checked_human_verified":null},"vendor_id":"instacart","verified_discrepancies":[{"actuals":"The FTC alleged \u2014 and Instacart settled for $60 million \u2014 that these 'free delivery' promotions are deceptive: while the delivery fee is waived, customers are still charged service fees of up to 15% of the order total that are not clearly disclosed upfront. The settlement, announced December 22, 2025, mandates clearer fee disclosure interfaces, indicating the gap between advertised and actual checkout totals was a verified, ongoing practice through at least 2024.","discrepancy_start_date_est":"2020 (per FTC complaint coverage period; likely predates this)","evidence":[{"description":"The FTC filed a complaint in the U.S. District Court for the Northern District of California alleging Instacart misled consumers on fees for its delivery promotions, including undisclosed service fees of up to 15% on 'free delivery' orders. Instacart agreed to pay $60 million in consumer refunds.","reference":"https://www.customerexperiencedive.com/news/instacart-settles-ftc-lawsuit-ecommerce-fees/808426/"},{"description":"Retail Dive reported that the FTC settlement announced December 22, 2025, covers deceptive practices including hidden fees and misleading subscription terms affecting users between 2020 and 2024.","reference":"https://www.retaildive.com/news/instacart-settles-ftc-lawsuit-ecommerce-fees/808477/"}],"interim_guidance":"When completing a transaction on Instacart, an agent must not treat the advertised delivery fee (or its absence in a 'free delivery' promotion) as the total additional cost. The agent should explicitly expand and review the full fee breakdown at checkout \u2014 including any 'service fee' line item \u2014 before confirming the order, and surface the total actual cost to the user for approval rather than relying on the headline promotional price.","last_checked_date":"2026-06-29","status":"remediation_claimed_not_reverified","type":"pricing_discrepancy","vendor_claim":"Instacart advertises 'free delivery' promotions for first-time customers and promotes its Instacart+ membership as a way to waive delivery fees, implying customers will pay little to nothing extra beyond the item cost for qualifying orders."},{"actuals":"Service fees are not disclosed until the checkout screen, meaning the total cost displayed during browsing and cart-building materially differs from what is charged at the end. Instacart's own internal research confirmed consumers experience this as a 'bait-and-switch,' spending significant time on orders only to discover undisclosed fees at checkout. A December 2025 FTC lawsuit and $60 million settlement confirmed this practice was deceptive and ongoing.","discrepancy_start_date_est":"At least 2021, based on Instacart's own internal research cited in the FTC complaint; active through at least late 2025","evidence":[{"description":"FTC federal court complaint (Case 3:25-cv-10783, filed December 18, 2025) details Instacart's pattern of advertising 'free delivery' while concealing mandatory service fees until the final checkout screen, citing Instacart's own internal research acknowledging consumer deception.","reference":"https://www.ftc.gov/system/files/ftc_gov/pdf/Instacart-Complaint.pdf"},{"description":"Mintz legal analysis of the FTC lawsuit and Instacart's $60 million settlement describes undisclosed fees appearing only at checkout, algorithmic price disparities of up to 23% for some users, and Instacart's agreement to future compliance restrictions.","reference":"https://www.mintz.com/insights-center/viewpoints/54731/2025-12-30-instacart-agrees-settlement-ftc-lawsuit-over-deceptive"}],"interim_guidance":"Before confirming any Instacart order for a user, an agent must explicitly retrieve and display the full checkout cost breakdown \u2014 including all service fees and surcharges \u2014 rather than relying on the item prices or delivery fee shown during browsing or cart-building. Do not represent any Instacart order as 'free delivery' without first verifying at the checkout screen that no service fees are applied. If the checkout total materially exceeds the sum of item prices plus any explicitly advertised fees, surface the discrepancy to the user before completing payment.","last_checked_date":"2026-06-29","status":"remediation_claimed_not_reverified","type":"availability_discrepancy","vendor_claim":"Instacart advertises 'free delivery' on first orders (and first three orders for new users), clearly implying no additional charges will apply to the delivery."},{"actuals":"The FTC alleged\u2014and Instacart settled for $60 million\u2014that Instacart deliberately hid the refund option from its self-service order-problem menu, causing consumers to believe a store credit was their only remedy when a cash refund was actually available. This means an agent navigating the self-service flow to obtain a cash refund for a problematic order would likely be routed toward a credit rather than a true refund, contrary to the stated policy.","discrepancy_start_date_est":"Unconfirmed; FTC settlement announced December 2025","evidence":[{"description":"The FTC announced Instacart will pay $60 million to settle allegations it hid the refund option from its self-service menu, leading consumers to believe credit was their only remedy rather than a cash refund.","reference":"https://www.ftc.gov/news-events/news/press-releases/2025/12/instacart-pay-60-million-consumer-refunds-settle-ftc-lawsuit-over-allegations-it-engaged-deceptive"},{"description":"CBS News reported Instacart agreed to refund $60 million to customers following FTC allegations of deceptive marketing and billing, including refusal to issue refunds and hidden fees.","reference":"https://www.cbsnews.com/news/instacart-refunds-shoppers-subscription-enrollment-ftc/"}],"interim_guidance":"When seeking a refund for a problematic Instacart order, do not rely solely on the in-app self-service menu, which historically defaulted to store credit rather than cash refunds. Instead, explicitly request a cash refund by contacting Instacart customer support directly (via chat or phone) and invoking the satisfaction guarantee by name. Verify the remedy offered is a cash refund to the original payment method before accepting any resolution.","last_checked_date":"2026-06-29","status":"remediation_claimed_not_reverified","type":"policy_discrepancy","vendor_claim":"Instacart states it offers a satisfaction guarantee and generous refund policies, representing to consumers that they can receive refunds for order problems through a self-service menu of remedies."},{"actuals":"The FTC found that Instacart's satisfaction guarantee was materially more limited in practice than its advertising implied. The scope of available remedies \u2014 what qualifies, how to claim them, and what is actually paid out \u2014 was not clearly disclosed upfront, meaning consumers (and agents acting on their behalf) would discover the constraint only after completing a transaction and attempting to use the guarantee.","discrepancy_start_date_est":"Unconfirmed; FTC complaint references conduct predating December 2025 settlement","evidence":[{"description":"The FTC's December 2025 case page documents that Instacart agreed to a $60 million settlement covering allegations including deceptive satisfaction guarantee representations, misleading free-delivery promotions, and unlawful subscription enrollment practices.","reference":"https://www.ftc.gov/legal-library/browse/cases-proceedings/instacart-timeline-item-2025-12-18"},{"description":"The FTC's April 2026 Federal Register rulemaking on deceptive fees in online food delivery cites the Instacart order, noting Instacart was required to clearly and conspicuously disclose material terms \u2014 including fee structures and guarantee conditions \u2014 that had previously been obscured from consumers.","reference":"https://www.federalregister.gov/documents/2026/04/16/2026-07473/rule-on-unfair-or-deceptive-fees-in-online-food-delivery-services"}],"interim_guidance":"Do not rely on Instacart's stated 'satisfaction guarantee' as a confirmed post-transaction recourse path when completing purchases on a user's behalf. Before placing an order, surface the actual refund eligibility terms from Instacart's current help documentation and confirm the specific conditions under which remedies are granted. Verify the guarantee terms independently rather than treating the advertised claim as reflecting actual platform behavior, as the FTC found the two to be materially inconsistent.","last_checked_date":"2026-06-29","status":"remediation_claimed_not_reverified","type":"undisclosed_constraint_discrepancy","vendor_claim":"Instacart advertises a 'satisfaction guarantee,' implying that customers who experience problems with their orders can obtain refunds or remedies as a standard platform capability. This guarantee is promoted prominently to encourage purchases."}]}