Applebee’s class action lawsuit alleges hidden and deceptive delivery fees

Applebee’s delivery fees class action overview:

• Who: A consumer is suing Applebee’s Restaurants LLC.
• Why: The plaintiff alleges the restaurant chain failed to disclose its delivery fees in a timely manner, misleading consumers about the true cost of their orders.
• Where: The class action was filed in California federal court.

A new class action lawsuit alleges Applebee’s fails to adequately disclose delivery fees on its website and app, misleading consumers about the true cost of their orders.

Plaintiff Michael Drake filed a class action lawsuit against Applebee’s on May 12 in California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, the restaurant chain adds multiple fees to delivery orders, including a “delivery charge,” “service fee” and “CA delivery surcharge,” which are not disclosed until the final checkout screen.

Drake alleges that this practice is deceptive and unfair, as it prevents consumers from making informed decisions about their purchases.

According to the class action lawsuit, “Applebee’s prominently advertises pricing that is drastically altered by the time the payment screen populates.” 

The lawsuit further states that “on the final payment screen, consumers are surprised as Applebee’s surreptitiously adds a host of erroneous extra fees to all food delivery orders.”

Applebee’s charges two delivery fees, lawsuit alleges

The lawsuit claims that the “CA delivery surcharge” is particularly misleading, as it is presented as a mandatory, government-imposed fee. However, Drake alleges that this fee does not correspond to any governmental charge and is instead a “junk fee” that Applebee’s uses to increase its profits.

Drake argues that Applebee’s charges consumers a separate “delivery charge” in addition to the “CA delivery surcharge,” effectively requiring consumers to pay twice for the same service.

The lawsuit also alleges that the “service fee” and “delivery charge” are similarly deceptive, as they do not provide any additional service or benefit to consumers.

The complaint alleges that Applebee’s failure to disclose these fees upfront gives it an unfair advantage over competitors who provide full pricing transparency.

Drake claims that he and other consumers have been misled into paying more for their orders than they initially expected.

As a result, Drake is looking to represent anyone in the United States who ordered food through Applebee’s website or app and was charged a “service fee” or “CA delivery surcharge.”

He is suing for violations of California consumer protection laws and seeking certification of the class action, damages, fees, costs and a jury trial.

In similar circumstances, a Chipotle class action accuses the company of disguising heavy service fee charges as a “tax” for online orders, while another lawsuit accuses Uber of unlawfully charging sales tax on delivery fees for food orders in Florida.

What do you think of the allegations in this Applebee’s delivery fees class action? Let us know in the comments.

The plaintiff is represented by Scott Edelsberg of Edelsberg Law P.A.

The Applebee’s delivery fees class action is Drake v. Applebee’s Restaurants LLC, Case No. 3:25-cv-04085, in the U.S. District Court for the Northern District of California.

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