As a former DD delivery driver, I'm here to tell you to pick your battles. The lawsuit is partially ridiculous. As another commented, after the delivery was completed with the picture taken to show where it was placed, I had no access to the photo THAT THE APP ITSELF took.
HOWEVER, the Dasher is able to take the picture separately, then UPLOAD that picture to the app. Be that as it may, as previously commented, people take pictures randomly at any time anyway. The Dasher is only concerned with getting the delivery done so that they can be available to take the next one as soon as possible.
If the customer happened to be a complete ass, you better believe they're taking a picture or possibly video of said ass who might have gone off the rails, such as late delivery because too far away with no tip (and it got kicked down the line).
If the person suing would have had even a modicum of intelligence and common sense, she would have created TWO ACCOUNTS that would always have the separate payment methods assigned to each account. Login, logout, login, and issue never presents itself as a possibly fraud card usage.
She's an idiot.
Now as far as the Express Option, yeah I fully believe the extra charge doesn't actually get you a direct order instead of it being bundled/stacked with another customer order. That happened when it first started and it's probably still doing it.