I am a long-term Misfits Market customer with a consistent weekly delivery schedule. My grocery order scheduled for February 5 was charged but not delivered. In the days that followed, I received multiple automated notifications stating the order was “out for delivery,” with revised delivery dates of February 6, 7, and 8; no delivery occurred on any of those dates. I contacted customer support repeatedly and received predominantly automated responses that did not provide factual status updates or resolution. One representative acknowledged the issue and requested a direct reply, but no further communication was provided. At no point did Misfits Market confirm the location or disposition of the order, provide a reliable delivery estimate, or demonstrate escalation to dispatch or supervisory personnel. This conduct resulted in a prolonged failure to deliver paid goods while retaining consumer funds and may constitute a deceptive act or practice in violation of New York General Business Law §349, including the acceptance and retention of payment without providing the contracted goods or timely, accurate information regarding fulfillment.
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