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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 $75,000, qualifying the lawsuit for federal jurisdiction.
Have you been overcharged at Taco Bell? Share your experience in the comment section below.
The Taco Bell Chalupa Lawsuit is Nelson E., et al. v. Taco Bell Corporation, et al., Case No. 2:19-cv-18192, in the U.S. District Court for the District of New Jersey.
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825 thoughts onTaco Bell Lawsuit Says Customers Overpay For Chalupas
i just went to taco bell at 12220 Tributary lane in Rancho Cordova ca. everytime ii order the chalupa box i get over charged its advertised on tv for 5$ i asked the manager why this keeps happening and she replied the owner tells us to charge more… so this time im taking it further going to file lawsuit…i only go when its advertised on tv..
please add me
We just ordered 2 Toasted Cheddar Chalupa $5.00 boxes. With tax, it came to $13.89. When we asked about the inflated total, we were told that franchises can charge more than the advertised price. I am a shareholder in Taco Bell, and am NOT in favor of this practice. This is especially misleading when the boxes are advertised as $5.00 each on TV, and then the menu from which one orders states no change to that assumption. To add to this, the last time we visited this particular St. Petersburg, FL Taco Bell (the ONLY one anywhere near to us), they refused to provide a receipt at the window (we clearly requested one). As it turns out, they misheard our order — gave us a box of tacos rather than the nachos box we requested. Upon return with the goods, they refused to do an exchange for the proper food, since we “had no receipt.” Frustrating, to be sure!
That”s just very wrong. It”s the law for them to give recipes, and with out them ignoring the customer when customers want their wishes to be meant. Today, I too feel that I payed more than I got which was a Doritos locos taco box that was over $7 dollars and got very few food and payed more than I should of. Also I got very poor portions at Del tacos as well and also over payed for the food that I got. I”m very disappointed with these fast food restaurants and also had poor customer service for my visit. It helps to tell people of your experience with restaurants who may be abusing your civilian rights. That”s not fair, let’s not be pessimistic and let it be known to others that this should not continue anymore.
TACO BELL execs are liars and should be sued!
Last week, and again today I ordered the $5 Toasted Chalupa box, as stated on the menu, no changes or upgrades and they rang it up at $5.99. When I asked why the cashier said it was a local tax. I said then it should show in the Tax column. He then said “I really don’t know why and we don’t have a manager to help you right now.” This has happened to me several times now. They ALWAYS charge more than what is stated right on their menu. How is that legal?
Add me please. I went to taco bell yesterday and all the prices haven’t been updated on the drive through. I was overcharged.
My Taco Bell in palm coast off 100 in Florida charges 5.99 for their 5$ boxes . Can you tell me why this is when I see on tv 5$ boxes
Me too! I even emailed the corporate office but they keep advertising the $5 boxes knowing that the local stores are charging more. This is illegal and false advertising.
Add me
Definetly not a good deal from Taco Bell! Please add me!
ordered two $5 chalupa boxes and was charged $11.89 before taxes, happens every visit, tired of it, Please add me………and i have the receipt inhand to prove it.