McDonald’s Class Action Lawsuit Filed Over Combo Meal Pricing

A McDonald’s class action lawsuit claims that the fast food restaurant charges a “drink upcharge” for combo meals without informing customers.

Plaintiff Paul Bledsoe recently filed his class action lawsuit against McDonald’s USA LLC alleging that the 29 cent drink upcharge added to combo meals is a violation of various California federal state laws including the False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act.

Bledsoe claims that he experienced this upcharge in September 2017 while ordering a combo meal consisting of an egg McMuffin, hash browns, and coffee which was advertised at $5.10 before tax. However, the plaintiff says he was charged an additional 29 cent drink upcharge for the coffee.

The McDonald’s class action lawsuit claims that Bledsoe was never told that he would be charged a drink upcharge. The McDonald’s class action also argues that this practice is uniform across the country and has affected countless other consumers.

Bledsoe says the fast food restaurant makes false representations regarding the pricing of their items and charges consumers more than they advertise.

The plaintiff says he feels “ripped off and cheated” by the fast food restaurant and believes that McDonald’s will continue its practice of tricking consumers into buying combo meals at a cost that differs from the advertised price unless they are stopped by a court injunction.

McDonald’s recently removed the case to California federal court, citing potential Class size, diversity of citizenship, and amount in controversy.

The putative Class size greatly exceeds 100 Class Members, satisfying the Class size requirement of the Class Action Fairness Act (CAFA). McDonald’s notes that its unclear whether Bledose seeks to represent a Class of nationwide or California consumers, but even the California Class would satisfy the CAFA requirement of 100 Class Members.

The company reportedly sold more than 450 million extra value meals in California over the past four years, meaning that there are potentially millions of Class Members.

The CAFA requirement for diversity of citizenship is satisfied by the fact that Bledsoe is a resident of California while McDonald’s is a Delaware and Illinois citizen. Corporations are considered citizens of any states by which they have been incorporated and where they have a principal place of business.

Finally, the amount in controversy is likely in the hundreds of millions of dollars, which satisfies the amount in controversy requirement of the CAFA.

Considering the size of even the potential California Class, the amount in controversy would be more than $130 million assuming the drink upcharge was charged on all 450 million California combo meals.

Bledsoe seeks to represent a Class of consumers who were charged a drink upcharge while attempting to buy combo meals, which are defined as “meals including a number of entrees or foods at a specific price.”

The McDonald’s class action lawsuit seeks actual damages or full restitution, punitive damages, court costs, and attorneys’ fees.

Bledsoe is represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George, and Thomas E. Wheeler of Law Offices of Todd M. Friedman PC.

The McDonald’s Combo Meal Pricing Class Action Lawsuit is Bledsoe v. McDonald’s USA LLC, et al., Case No. 2:18-cv-09354-PA-GJS, in the U.S. District Court for the Central District of California.