Taco Bell Lawsuit Says Customers Overpay For Chalupas

Taco Bell overcharges customers for their Chalupa boxes, according to a lawsuit recently removed to federal court.

In the Taco Bell lawsuit, plaintiffs Nelson and Joann E. claim that they were charged more for Chalupa Cravings Boxes than what was advertised.

The husband and wife couple reportedly viewed a 30 second commercial, referred to as “The Librarian,” during which they claim “clearly and unambiguously” offered Chalupa Cravings Boxes for $5 apiece. The Taco Bell Chalupa is like a taco except, instead of a hard shell, the Chalupa is in a fried flatbread.

Having viewed these commercials, the couple reportedly went to their local Taco Bell in May 2018. However, they were allegedly charged $12.18 for their two Chalupa Cravings Boxes. After tax, their total came to $12.99.

The couple reportedly questioned the charges when speaking to management and were allegedly told that “individual Taco Bell[s] did not have to charge what was advertised” and that these locations were “covered with the legal fine print in their advertising.”

“Defendants knew or should have known that the ‘Librarian’ television advertising and other similar advertising would be viewed by members of the public including the plaintiffs and/or other prospective purchasers,” the Taco Bell lawsuit argues.

Nelson and Joann have since filed a lawsuit against the Taco Bell Corporation, and other related defendants, alleging that the restaurant knowingly deceives consumers. The restaurant allegedly knew that consumer purchases would be driven by its marketing despite Taco Bell not following through on advertisements.

“Defendants committed conduct likely to deceive plaintiffs by engaging in acts and/or practices as aforesaid with the intent to induce plaintiffs and other consumers to purchase its cravings boxes,” the couple states in their Taco Bell lawsuit.

The plaintiffs argue that this deception violates New Jersey laws, including the state’s Administrative Code and Consumer Fraud Statue, based on the fact that “defendants knowingly concealed, suppressed or omitted material facts in its advertising from plaintiffs with intent that plaintiffs rely upon same.”

The Taco Bell lawsuit was removed from state to federal court based on the amount in controversy. Although the plaintiffs didn’t specify the amount in controversy, they included claims for “losses in the form of time wasted, gasoline expended to drive their vehicle, and in the amount of $2.18 as a result of Defendant’s allegedly misleading television commercial that offered for sale to the public Chalupa Cravings Boxes for $5 at certain participating locations.”

Taco Bell argues that this would exceed $75,000, qualifying the lawsuit for federal jurisdiction.

Have you been overcharged at Taco Bell? Share your experience in the comment section below.

The Taco Bell Chalupa Lawsuit is Nelson E., et al. v. Taco Bell Corporation, et al., Case No. 2:19-cv-18192, in the U.S. District Court for the District of New Jersey.

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