[toomuchtodo]

A commission isn’t earned when you’re fraudulently impersonating a business.

[JumpCrisscross]

> when you’re fraudulently impersonating a business

The article suggests diners are calling numbers from the GrubHub app. If that’s the case, the commission is earned per the agreement. Practically, the app provided discoverability.

When it appears on Google or Yelp results, assuming Google or Yelp aren’t being compensated and disclosing this relationship, that is a problem.

[toomuchtodo]

This is a fair distinction to point out.

Edit: Removed an interpretation of the situation that was inaccurate

[Dylan16807]

They can't both lack permission and charge a single business. If they're charging, they have permission (though possibly the contract was misleading). If they don't have permission, they have no ability to charge.

[ohyeshedid]

They may not be able to charge the restaurant directly, but they can and do increase the menu price when they don't have an agreement.