Steven Cohen  |  September 18, 2019

Category: Food

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mcdonald's fast food restaurant exteriorMcDonald’s Corporation has been hit with a class action lawsuit by a customer who claims that the restaurant charged him $1.89 for a Sausage McMuffin, even though they advertise the price on the “value menu” at $1.

In September 2018, plaintiff S.D. states that he visited a McDonald’s in California and was shown an advertisement that the Sausage McMuffin was part of a value menu and would cost $1. 

Based on the advertised price, the plaintiff decided that he would purchase two Sausage McMuffins.

However, after leaving the restaurant, S.D. says he noticed that he was actually charged $1.89 for each Sausage McMuffin.

“Had Plaintiff known that Defendant would charge Plaintiff more than Defendant had represented for the Class Products, he would not have purchased the Class Products from Defendant’s restaurant,” the McDonald’s class action lawsuit states.

The plaintiff claims that he was never informed, either in writing or orally, that he would be charged more than the advertised price before he purchased the breakfast item.

In addition, the plaintiff argues that he felt “ripped off and cheated” by McDonald’s for charging more than what was represented to him. 

S.D. believes that McDonald’s will continue to trick customers into purchasing Sausage McMuffins at a higher price than advertised.

“As a result of Defendant’s fraudulent practices, described herein, Plaintiff has suffered economic loss, emotional distress, wasted time, and anxiety,” the McDonald’s class action lawsuit argues.

The McDonald’s class action lawsuit states, “Consumers rely on the representations and advertisements of restaurants in order to know which products to purchase. Details as to the price are important and material to consumers at the time they purchase food from a particular restaurant.”

The plaintiff alleges that McDonald’s knew that the representations that were made about the price of the Sausage McMuffin was not true and intentionally made them in order to deceive their customers.

The McDonald’s class action lawsuit alleges that the restaurant will continue to engage in these misleading practices and will not stop unless forced to do so by a court.

“Defendant’s conduct will continue to cause irreparable injury to consumers unless enjoined or restrained,” the McDonald’s class action lawsuit argues.

In addition, the plaintiff contends that McDonald’s actions only benefit them and provide no benefit to any consumer.

“In fact, knowing that Class Products were not of this price, Defendant unfairly profited from their sale. Thus, the injury suffered by Plaintiff and the members of the Class is not outweighed by any countervailing benefits to consumers,” the McDonald’s class action lawsuit claims.

The plaintiff states that McDonald’s has violated the California Unfair Competition Law, False Advertising Law, and the Consumer Legal Remedies Act.

Potential Class Members include: “All consumers, who, between the applicable statute of limitations and the present, purchased Class Products in the state of California and were charged in excess of the price represented by Defendant.”

Did you pay too much for food at McDonald’s restaurants?  Please let us know in the comment section below.

The plaintiff is represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George, Thomas E. Wheeler, and Mordechai Wolowitsch of the Law Offices of Todd M. Friedman PC.

The McDonald’s Sausage McMuffin Class Action Lawsuit is S.D. v. McDonald’s Corporation, Case No. 2:19-cv-08006, in the U.S. District Court for the Central District of California.

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444 thoughts onMcDonald’s Class Action Says Customers Overcharged For Value Menu Items

  1. Junior says:

    This is the second time that it happened. Ordered for a app using the promotion buy one get one free breakfast sandwich and had a large coffee. When on the app was showing 5.29 $ the total amount I received a final bill of 9.52$ because according to the manager they don’t have that promotion on their computer. This is not right

  2. Kailey says:

    I was charged a dollar for cheese on top of a dollar for the value item mcchicken. Also purchased a spicy mcchicken as part of the BOGO advertised but was charged full price plus another dollar on top for cheese again. How can they do this?

    1. kimberly says:

      local Mccdonald’s is charging an upcharge of .20 on Happy Meals for the drink because they say they are out of the kid size cups. I asked for a refund for the .20 because they did not inform me of the charge when I was ordering. They gave me a refund along with a big attitude about it. They said, “it’s just .20”! Well, if you are charging that .20 on every Happy Meal sold it is a lot of money that you are wrongfully taking.

  3. Lisa Cunningham says:

    I was charged $5.45 for 1 Big Mac. Why when the menu says $3.99? McDonald’s are stealing from customers! If they steal from all customers they are making millions!!

    1. Lainie says:

      Same here, the app just over charged me a dollar for a cone. They shouldn’t be able to lie about costs.

  4. Alli mae says:

    Hello I’m from Montana and west Yellowstone McDonald’s is selling a Sausage McMuffin for 3.99 and with tax our state doesn’t charge tax on anything and wondering if this is even right?….I ended up paying 7$ for a sausage McMuffin and a hashbrown…. what is this world coming to

  5. Kimberly a Dugo says:

    Please add me

  6. Ricardo Butler says:

    I went to McDonalds in the town I reside in New Jersey to order the Big Breakfast Meal. I don’t eat pork due to my religion which isn’t a problem, I assumed McDonalds would not place the pork on the order and deduct the price of the meat which is the most expensive item on in the meal or to substitute that meat for a nonpork product. I was told by cashier that McDonalds don’t substitute which is surprising. I then contacted the manager of the day shift she said that they do, I then contacted the General Manager about the situation and he totally said I was wrong and that I should’ve told the cashier to deduct the price of meal or order my meal broken down in individual items. Wow This is discrimination in so many ways I need a lawyer.

  7. Cleveland Stowe says:

    Niagara Falls NY overcharged have the receits$9.49 big mac meal ana quarterpounder no recit for the quarter pounder went through the line,my friend was driving they brought a cfrappocinoI did not order exchanged for anorgange soda . We arIpaid her $20 myfood wwas broughtout $2 and some change there is noway a quatrer pouner cost tht much

  8. joe casella says:

    yesterday i ordered 2 small fries off a McDonalds drive thru window that were listed on the dollar menu for 1.00 each. they rang in as 4.38. I pulled up and asked the cashier to correct it and she said they don’t have that price. She explained there was no way for them to honor the price on the menu board. I told her they should take it off the board then and she said she would let management know. obviously they never heard of false advertising.

  9. RJ says:

    Yes, this just happened to me today (on 11/04/2020). Ad says 2 Sausage McMuffins for $3. I was charge “another” deal the posted for 1 Sausage McMuffin for $2.39 and get the second one for $1. Crazy. I told them about the 2 offers and they legally should honor the lower of the 2, but the cashier didn’t care and just told me the 2 for $3 offer is no good. If it’s no good, then why plaster it on the poster in the drive thru line? I have my receipt and a picture of the advertisement.

    1. Mark says:

      On 1/17/2021 I Was charged 5 dollars for 1 Big Mac and 7 dollars for 4 cheese burgers . Online the same menu says 3.99 for a Big Mack and 1 dollar for a cheese burger . Why the over charge I ??

  10. Jim says:

    I would like to know how they get away with charging you for an item that you will take no onions no ketchup no cheese and add Mac sauce to charge her $.30 to add it but they don’t discount removing the other items that you’re paying for on the sandwich that’s theft of service in my view and I’ve been paying for years and thinking about its theft by deception. They charge for cheese but if you remove it you do not get the $.50 taken off the meal. And the amount of money over the years that was spent and not receiving the product is wrong. Why do they get away with it. Because they are A multi billion dollar company. I bet if you did a audit just for a 6-month period in one state McDonald’s saved $250-500,000 in saved cost with people subtracted toppings. It’s all logged in the system for Auditing purposes for seven years they’ve been doing electronica for years now every menu shows what you subtract or add to a meal but it’s funny they charge you for adding but never subtracting they never discount it. It’s on the receipts it has the subtractions.

    1. Jim says:

      **CORRECTION *Not 6 months for one state should be the whole USA.

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