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INSTACART (MAPLEBEAR INC)

CART

Information Technology

2

exclusion reasons

2 themes

Surveillance Capitalism (1) Labor Rights (1)
CART Information Technology Current as of March 2026

This page is part of our public exclusion list — a transparency tool that shows which companies we screen out and why. It is not investment advice, and it is not an accusation. But it is subject to change as our understanding of the facts evolves.

Data & Privacy
Since Oct 27, 2025

Instacart's core business model is built on extracting and monetizing detailed behavioral data from both customers and shoppers. The company collects granular data on shopping habits, location, spending patterns, and even in-store movements, which it uses to power its advertising and pricing algorithms. This surveillance apparatus underpins its platform economics.

This model has led to specific regulatory actions grounded in deceptive data practices. In December 2025, the Federal Trade Commission (FTC) announced a $60 million penalty against Instacart for deceiving consumers. The FTC order found the company misrepresented how customer data was used and failed to obtain meaningful consent for its practices. Separately, the District of Columbia Attorney General held Instacart liable for misrepresenting and omitting material facts about variable service fees added to orders. In January 2026, New York's Attorney General demanded information regarding Instacart's algorithmic pricing, citing non-compliance with 'clear and conspicuous' disclosure requirements.

The company's deployment of this surveillance for price optimization was explicitly exposed in late 2025. An investigation by Consumer Reports, cited in regulatory filings, identified "surveillance pricing" and price manipulation on the platform. Instacart was testing an AI-driven model that used collected behavioral data to dynamically adjust item prices. Following significant customer backlash and regulatory scrutiny, the company shut down these dynamic pricing experiments in December 2025.

Worker Exploitation
Since Oct 27, 2025

Instacart’s business model is built on the systematic misclassification of its delivery personnel as independent contractors rather than employees. This classification denies hundreds of thousands of workers minimum wage guarantees, overtime pay, and expense reimbursements. In February 2023, the company agreed to a $46.5 million settlement with the City of San Diego covering approximately 308,000 misclassified workers in California. The State of California had separately alleged that Instacart unlawfully misclassified employees to deny them legal protections.

This settlement resolved claims that the company improperly assigned delivery personnel as contractors to avoid providing employee benefits and protections. The practice of misclassification creates a structure for wage theft, as workers bear the full cost of vehicle maintenance, fuel, and insurance without the corresponding legal safeguards. Instacart continues to face legal challenges over this core business practice, including an ongoing case in the Ninth Circuit (Maplebear Inc. v. City of Seattle) concerning the enforcement of local gig worker protection laws.

Research Sources 15 organizations

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Companies appear on our exclusion list based on our investment judgment — not because they've done anything illegal. This is a difference of values and opinion, not an accusation of wrongdoing. Exclusion does not constitute a recommendation against investing in any company, and absence from the list does not constitute a recommendation to invest.

This information is provided for educational and transparency purposes only and should not be relied upon as investment advice. Data is drawn from independent watchdogs, NGOs, government registries, and Ethical Capital's ongoing research — see Research Sources for the full list.

Ethical Capital LLC is a state-registered investment adviser in Utah (CRD #316032). Registration does not imply a certain level of skill or training.