A federal proposal would require written agreements before delivery platforms facilitate restaurant orders. A restaurant without an agreement with a platform could request removal, and that platform would have to take down its listing and stop facilitating orders within 10 days of receiving the request. Introduced bill
Rep. Susie Lee, a Nevada Democrat, introduced H.R. 10885, the PROTECT Small Restaurants Act, on October 22 with five original cosponsors, including Republicans John McGuire and Jennifer Kiggans. The official record retrieved November 2, last updated October 27, lists referral to the House Energy and Commerce Committee as its latest action. It records no enactment. Official status
How the proposal works#
The written agreement would authorize consumer orders and their delivery, including same-day pickup. Covered services operate online and are separate from the restaurant. The restaurant definition covers establishments preparing and serving food for immediate consumption, excludes grocery and convenience stores, and sets no size limit. Definitions
The bill sets no commission rates. Its removal provision gives no 10-day exit from a valid agreement. The Federal Trade Commission would enforce the requirements, applicable to orders placed at least 180 days after enactment. Requirements and timing
Why operators want a say#
Tacotarian co-founder Kristen Corral joined Lee's announcement in Las Vegas. In a statement published by Lee's office, she supported the bill and pointed to a practical concern: the delivery driver is the final person handling the food before the customer receives it. Her comments focused on restaurants' limited control over that part of the experience. Sponsor announcement
Erika Polmar, executive director of the Independent Restaurant Coalition, framed the issue around permission to use a restaurant's name and menu. She argued that control over sales and delivery affects reputation, revenue and customer trust. Her endorsement called for restaurants to have a say in how delivery platforms represent them. Coalition position
What the Grubhub case illustrates#
The FTC's December 2024 case against Grubhub describes alleged ordering problems behind those concerns. The agency and Illinois attorney general alleged that unauthorized restaurant listings relied on outdated menus and an ordering process unconnected to the restaurants' systems. Drivers sometimes requested food the restaurant did not serve, or used payment cards that were declined after food had been prepared, according to the FTC. Case announcement
The complaint also alleged that diners blamed restaurants when deliveries arrived late or in poor condition. When restaurants sought removal, Grubhub sometimes tried to sell them paid partnerships, according to the agency's account. Restaurant allegations
The settlement proposed then would stop unaffiliated restaurant listings. Its stipulated terms address Grubhub and specified related parties, rather than every platform. The defendants neither admit nor deny the allegations, except as specified; they admit jurisdictional facts for that action. Stipulated terms
New York City's existing protections#
New York City already requires written consent. The city's administrative code requires an agreement before a third-party service lists, advertises, promotes or sells a restaurant's products, or arranges their delivery. That local rule governs the restaurant's appearance on the platform as well as the sale and delivery of its food. NYC unauthorized-listing rule
The same provision addresses what can go into the agreement. It requires delivery-worker bathroom access, subject to exceptions, and bars terms requiring the restaurant to indemnify the service or specified parties for harm caused by acts or omissions after the food leaves the restaurant. Agreement terms
The city's consumer-protection guidance also covers fee caps, direct restaurant phone numbers and certain customer-data rights. Restaurants can file complaints about unlicensed apps or violations through the Department of Consumer and Worker Protection's online services. NYC restaurant guidance
QSR Pro Staff
The QSR Pro editorial team covers the quick service restaurant industry with in-depth analysis, data-driven reporting, and operator-first perspective.
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