Yes, you can sue Uber Eats for not refunding you, but the company’s terms of use route almost every dispute into individual arbitration rather than court. For a typical missing or wrong order, the realistic options are a credit card chargeback, a small claims case, a complaint to the FTC or your state attorney general, or arbitration itself. Which one fits depends on how much money is at stake and whether you plan to keep using the app.
Why a Regular Lawsuit Is Usually Off the Table
When you created your Uber account, you agreed to the U.S. Terms of Use, whether or not you read them. Two clauses in that agreement shape everything that follows. The first is a mandatory arbitration provision requiring disputes to be resolved individually through binding arbitration rather than in court.1Uber. U.S. Terms of Use The second is a class action waiver, which stops you from joining other unhappy customers in a group suit. Under the Federal Arbitration Act, these clauses are broadly enforceable in contracts involving commerce.2Office of the Law Revision Counsel. 9 U.S. Code 2 – Validity, Irrevocability, and Enforcement of Agreements to Arbitrate
Uber’s current U.S. terms do not offer a general 30-day opt-out from arbitration. The only opt-out mechanism kicks in if an arbitrator finds a party violated the mass action waiver, a narrow scenario most individual users will never encounter.1Uber. U.S. Terms of Use
The terms also cap Uber’s financial liability at what you paid for the service in question.1Uber. U.S. Terms of Use If a $35 order never arrived, $35 is the ceiling. No emotional distress damages, no punitive award.
Small Claims Court: The Most Practical Legal Path
Small claims court handles low-dollar disputes with minimal formality and no lawyers required. Filing fees typically run from $10 to $75, and state caps range from $2,500 up to $25,000, so a missing food order fits comfortably. Uber’s terms describe “limited exceptions” to mandatory arbitration, and many companies carve out small claims court from the arbitration requirement. Check the current version of the U.S. Terms of Use before you file to confirm your claim qualifies. Even where the terms are silent, some courts have declined to enforce arbitration clauses over very small consumer disputes.
Send a Demand Letter First
Before filing, send Uber a written demand letter explaining what happened, what you paid, and what you want. Many jurisdictions require this step, and it creates a paper trail. Mail it to Uber Technologies, Inc., Attn: Legal Department, 1725 3rd Street, San Francisco, CA 94158.
File the Complaint
If the demand goes nowhere, go to your local small claims court, fill out a complaint form, and pay the filing fee. State the amount you’re claiming and a short description of the dispute.
Serve Uber Correctly
This is where people trip up. Emailing customer support is not service. Legal papers must go to Uber Technologies, Inc. through its registered agent, CT Corporation, in your state.3Uber. On What Entity Should I Serve My Non-Law Enforcement Related Legal Process Your Secretary of State’s website will list the local address. The court clerk or sheriff’s office can help with formal service.
Uber may not send a lawyer to fight a small claims case over a $30 order. If they don’t appear, you win by default. If they do, bring your screenshots, photos, receipts, and a timeline of your contacts with support.
Credit Card Chargeback: The Fastest Route to Your Money
If you paid by credit card, the Fair Credit Billing Act treats charges for goods not delivered as agreed as billing errors, giving you the right to dispute them with your card issuer.4Office of the Law Revision Counsel. 15 U.S. Code 1666 – Correction of Billing Errors An order that never showed up or arrived missing items qualifies. Complaints about food quality alone generally don’t count as billing errors under the law.5Federal Trade Commission. What To Do if You’re Billed for Things You Never Got, or You Get Unordered Products
To get the statute’s full protection, send a written dispute to your card company within 60 days of the statement date showing the charge.4Office of the Law Revision Counsel. 15 U.S. Code 1666 – Correction of Billing Errors Most issuers also accept disputes through their app or website, but written notice is what the statute guarantees. Include your account number, the charge amount, and a clear explanation. The issuer has two billing cycles, no more than 90 days, to investigate and resolve it.
One warning: if you win a chargeback against Uber Eats, expect your account to be deactivated. Uber treats a successful chargeback as an unpaid balance and blocks the account until the money is repaid. If you rely on the service, weigh that before filing. If you’re done with the platform anyway, a chargeback is usually the most efficient tool available.
Complaints to the FTC and State Attorneys General
Federal law prohibits unfair or deceptive business practices. Under Section 5 of the FTC Act, a company that advertises a refund policy or delivery guarantee and then refuses to honor it can be engaging in deceptive conduct.6Office of the Law Revision Counsel. 15 U.S. Code 45 – Unfair Methods of Competition Unlawful; Prevention by Commission The FTC has authority to investigate and take action against companies engaged in those practices.7Federal Trade Commission. A Brief Overview of the Federal Trade Commission’s Investigative, Law Enforcement, and Rulemaking Authority
Be clear on what these complaints do and don’t do. The FTC and your state attorney general will not personally recover your $22. They track complaint patterns, and when enough pile up, they open investigations that can lead to enforcement actions, fines, or forced changes to business practices. Your complaint adds to the record. Many states also have their own consumer protection statutes covering digital services, and some impose specific refund timeframes when services aren’t delivered as promised.
Arbitration Itself
Arbitration is the forum Uber’s terms actually point you to. An arbitration provider like the American Arbitration Association handles the case under its consumer rules, an arbitrator reviews the evidence, and the decision is binding with limited rights to appeal. It’s faster and less formal than court.
The problem is cost against stakes. Filing a consumer arbitration claim through the AAA has historically cost around $200 for the consumer, with the business paying a much larger share. Paying $200 to fight over a $15 burrito makes little sense as an individual. Arbitration is technically available, but for small-dollar food delivery disputes, it’s rarely a rational solo choice.
Mass arbitration is the exception. When hundreds or thousands of customers file individual arbitration claims at once, the per-case fees force companies to negotiate. That’s a coordinated effort, usually organized by law firms, not something an individual pursues alone.
Before You File Anything: Document and Use the App
Whichever path you choose, your case rests on evidence and on having used Uber’s own refund process first. You have 48 hours from delivery to report a problem through the app, and requests outside that window are automatically ineligible.8Uber. Wrong or Missing Items Open your order history, select the order, and submit the built-in form. You may need to upload a photo of damaged or missing items.
Photograph the food, the packaging, and any receipts the moment the order arrives. Screenshot the order details in the app so you can show exactly what you paid for versus what showed up. This same evidence supports a chargeback dispute, a small claims filing, or an FTC complaint. When refunds are granted, Uber often issues them as Uber Cash credits rather than returning money to your original payment method, which is a common frustration and worth knowing before you accept the resolution the app offers.
When a Lawyer Is Worth Calling
For one missing meal, an attorney costs more than the refund. A few situations change the math: a pattern of billing fraud across many orders, an amount that exceeds small claims limits, or the possibility that other customers have similar claims worth coordinating. A consumer protection attorney can evaluate the case, and many offer free initial consultations and work on contingency for consumer matters, meaning they only get paid if you win.
A lawyer can also assess whether Uber’s arbitration clause is enforceable against your specific claim under your state’s law. Courts occasionally strike down arbitration provisions as unconscionable, though it’s an uphill fight given how strongly federal law favors enforcing arbitration agreements.2Office of the Law Revision Counsel. 9 U.S. Code 2 – Validity, Irrevocability, and Enforcement of Agreements to Arbitrate