Benjamin Abel wrote a November 2019 article titled
“Why Lawsuits Are Taking Aim at Quick-Service Meal Pricing” in QSR magazine.
In the article, Abel noted that a new batch of lawsuits have been filed
alleging that defendant restaurants deceived the plaintiffs by charging
more than advertised for various meal deals. However, such suits may have a
tough time getting past motions to dismiss because “courts have been
largely unreceptive to such claims, holding that customers cannot be
deceived when they receive the food they ordered and can compare prices for
themselves prior to purchase,” Abel wrote.
Abel added that “the nature of quick-service restaurants has typically been
fatal for these claims, given the menu boards featured prominently for
consumers to view and the order totals given to customers prior to
receiving their meals.”
To succeed, plaintiffs “must somehow convince courts that it was reasonable
for them to neither stop to compare prices prior to ordering nor inquire
about the price discrepancy at the time of purchase and before receiving
their food.” Yet case law suggests “most meal-deal plaintiffs will have a
tough time explaining to the courts why they didn’t realize the price
differences prior to purchase,” Abel wrote.