Chick-fil-A Delivery Customers Served With Secret Upcharges, Says Class Action

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Chick-fil-A Delivery Fee Class Action Lawsuit Overview:

• Who: A pair of consumers delivered a class action lawsuit to Chick-fil-A, Inc. 
• Why: Plaintiffs claim Chick-fil-A secretly upcharges for food items purchased for delivery through its website and mobile app.
• Where: The class action lawsuit is pending in New York federal court.

Chick-fil-A secretly upcharges for food items ordered for delivery despite promising consumers low fees, a new class action lawsuit alleges. 

Plaintiffs Aneisha Pittman and Susan Ukpere claim Chick-fil-A delivery customers are hit with a 25-30 percent mark-up despite advertising that consumers only need to pay a delivery fee of $2.99 or $3.99. 

Pittman and Ukpere want to represent a nationwide Class of consumers, along with a New York and New Jersey subclass, who have ordered food for delivery from Chick-fil-A’s app or website and were charged more than what the company represented. 

Customers Paid More For Chick-fil-A Delivery, Claims Class Action

Pittman and Ukpere say Chick-fil-A upcharged them on purchases for delivery they made on the Chick-fil-A website for a Chick-fil-A nuggets meal and spicy deluxe sandwich meal, respectively. 

“This hidden delivery upcharge makes Chick-fil-A’s promise of low-cost delivery patently false,” states the class action lawsuit. 

Pittman and Ukpere claim they were under the false belief they would only have to pay a small Chick-fil-A delivery fee, and say they would have chosen another method for ordering food had they known about the additional upcharge.

The hidden fees are done intentionally by Chick-fil-A in order to persuade consumers to make online food purchases that they may not have otherwise made, the class action lawsuit alleges. 

“Chick-fil-A misrepresents the nature of the delivery charges assessed on the Chick-fil-A mobile application and the website, by issuing in-app and online marketing materials that fail to correct reasonable understandings of its low-cost delivery promises, and that misrepresent the actual costs of the delivery service,” states the class action lawsuit. 

Pittman and Ukpere allege Chick-fil-A is guilty of breach of contract and unjust enrichment, and in violation of New York’s General Business Law regarding deceptive acts or practices and the New Jersey Consumer Fraud Act.

Plaintiffs are demanding a jury trial and seeking monetary damages, restitution, and injunctive and declaratory relief for themselves and all Class Members. 

Chick-fil-A had a separate class action lawsuit filed against it back in 2017 by a man with autism who claimed the company refused to consider hiring him because of his disability. 

Have you purchased food for delivery from Chick-fil-A’s app or website? Let us know in the comments! 

The plaintiffs are represented by Andrew J. Shamis, Esq. of Shamis & Gentile, P.A., and Jeffrey D. Kaliel, Esq. of Kalielgold PLLC. 

The Chick-Fil-A Delivery Fee Class Action Lawsuit is Pittman, et al. v. Chick-Fil-A, Inc., Case No. 7:21-cv-08041, in the U.S. District Court for the Southern District of New York.

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