Indecopi Fines PedidosYa S/20,790 for Unauthorized Tip Inclusion

Peru's consumer protection agency, Indecopi, has fined the delivery service PedidosYa S/20,790 (approximately $5,500 USD) for automatically including a tip in customer orders without explicit consent. The agency found that the app employed a "dark pattern" by pre-selecting a S/3.90 tip, which infringed upon users' rights and their freedom to choose payment amounts.

The ruling, issued in the second and final administrative instance, mandates that PedidosYa alter its application's functionality. The company must ensure that any amount designated for delivery personnel is entirely voluntary. This decision stems from Indecopi's investigation into the app's payment process, where the pre-selected tip was presented as part of the final purchase price, requiring users to manually remove it if they did not wish to pay it.

Indecopi explained that such design choices can unduly influence consumer decisions by leveraging inertia during the checkout process. The agency emphasized that e-commerce platforms and delivery services must not impose pre-selected charges that customers have not freely and expressly accepted. This practice violates the principle of informed consent in consumer transactions.

As a corrective measure, PedidosYa has been given 15 business days to adapt its mobile application. The "Tip for your rider" section must be redesigned to eliminate any pre-set amounts, allowing users to voluntarily enter the gratuity they wish to provide. This action is part of Indecopi's broader campaign, "Fiestas Patrias: Your Rights Are Respected," aimed at intensifying consumer protection during holiday periods.