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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.
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513 thoughts onMcDonald’s Class Action Lawsuit Filed Over Combo Meal Pricing
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Just happened to me at the 3400 del Lago Blvd, Escondido, ca. 92029 store # 20163. Upcharged 20 cents for small coffee that is advertised on the drive through menu board for 8.39 includes small coffee with tax should.be
$ 9.04. Charged me $9 .26
This is fraud!! Manager said she can’t do.anything about it.
Location owners Ron & Sean Piazza. Called 562 497 0055 left message. I doubt I will hear back.
This is standard practice at the McDonald’s here in Salem, Illinois. The person whose phone number is provided for customer service does not answer the phone or return messages; an email to corporate McDonald’s through their online forum got a nonsensical automated message back; a call to the number provided for customer service ended up with my number being disconnected and apparently reported and blocked. What happened with this lawsuit? It seems a very clear case of fraud, easily documented and occurring across the nation.
Egg McMuffin meal added .99 upcharge for a black coffee and the coffee was not even good.
And this is not a duplicate comment
It happens all over the country, went through this several months ago and complained to the Franchisee owner about it and they told me it was corporate directing them. Went back to the Tazewell, VA location today and ordered a Sausage McMuffin meal for 6.19. The menu board plainly states the meal comes with a hash brown and a small Premium Roast Coffee, but when the meal was rung up it included a 19 cent up charge for the small Premium Roast Coffee that is supposedly part of the meal. When I questioned the manager about it she said there was nothing they could do. I would like to be added to this suit as well please. I have copies of the receipts and pictures of the menu boards if needed.
Same in Illinois. Ordered a $7.19 meal and was asked if I want a large or medium drink. I was charged a medium drink surcharge. The menum did not say what size drink or fries came with the meal. Deceptive sales practices by a large company.
Same I would like to join in the lawsuit. We got charged for a Dr Pepper that came with the kids meal. We did not change the size of the drink. This is ridiculous and McDonald’s needs to get their stuff together and stop trying to cheat people out of their hard earned money!!
Add me here in Kings County California
Please add me. Experienced the same in PA on 11/1/2022. Just so happened to look at the receipt and was charged .20 drink upcharge. Had no idea what that was. Had to search the internet which led me here. Just cannot believe the sneaky deceptiveness today. Nobody ever said a word about this. Had I not looked at that receipt, I’d have never realized this. Seems I’ve been paying upcharges for how long now?? Should I charge them an annoyance fee for how many times they screw up an order? This does it for me. I’m no longer a customer from this moment on.
Same scam going on here in Atlanta metro. Was to;ld at one McD’s that they didn’t know what the upcharge was but I had to pay it. At another they went ballistic on me when I asked about it. This is a scam and needs to be exposed and stopped,
I ordered a sausage, egg, and cheese mcgriddle meal and gotba orange juice. The meal saidnitbwas $7.99. And ibadded my 20%discount from the app to bring it down more. Ingetvout of my walket $8.00 thinking thisbis enough to cover it since they didnt give me a total. I get upbto the window and the guy says the total is $8.89 i saidbto him even with the 20% discount? Hebsaid yes. Never mentioned thstbthey uo harged me for getting a freaking orange juice in the amount of $2.89. Im absolutley floored tgatbthey never told me im adding almost $3 extra for getting and orange juice
Happened today in Cransron ri. Bought the mcgriddle value meal and sign said 7.35 and had orange juice next to it. I got it, lady said total is 9.58. I asked why if sign said 7.35. Shes said I dont know. I went and manager said upcharge for orange juice. I said since when she said always. They wouldnt even give me a reciept when I asked for it saying printer was down.
Add me the orange juice upcharge for breakfast is never explained just added $1.50 upcharge is a scam.