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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
I am going to contact an attorney here in Nebraska. We order a kids 4pc chicken nugget meal, extra fries and a dr pepper. The happy meal comes with an extra small drink (and listed as such). 75% of the time, they will charge $.10 for another size of drink and NEVER make mention of it to the customer. Last night, I went through and ordered the meal again, the lady upcharged me. So when I got to the window, I asked her “Why do some people charge for a size that I did not order, is there a computer problem or is it the user?” She stated that it is the user that is upcharging the drink. The meal automatically comes with an extra small. Although a $.10 upcharge does not seem like much, but if you multiply it by the number of customers that order a happy meal every day, that adds up in a hurry! I think that McDonalds pays their employees to upcharge customers and the employees take it further and not mention it to the customer. This action is illegal and needs to stop. If an attorney wants to ride along with me and witness this themselves, please let me know cause it happens every day here!
I have complained to our local McDonalds many times and talked to the shift manager at the drive through when receiving my order. They said it was just a computer glitch sometimes. Other times they said it was just a mistake, while still more times they said it was automatic. No one seemed to have an answer, even the manager. THis happens every time multiplied by million world wide. They need to pay up!
I just went to McDonald’s today 06/29/2023 and got up charged $0.90 cents for a lemonade. I did not make my meal a large.
Forgot to add this I got the upcharge added to my meal in Chiefland Florida
I got my breakfast on June 18th 2023 and I was looking at my receipt and had noticed that I was charged 0.40 cent upcharge for my soda added to my 2 burrito meal. And I got a sausage McMuffin as well. My total came up 8.33. the sausage McMuffin was 1.99 my 2 burrito meal was 5.39 subtotal tax was 7.78. I don’t feel I should of been charged 0.40 cent extra. Yes I understand that ain’t much but it’s the point of a charge that your not told.
I just order a sausage egg biscuit value meal and was charged .60 cent up charge for my coffee! It plainly says drink is included in price.
What a bunch of crooks! I am in Florida.
McDonald’s tried charging almost $4 over the final price. I got 2 #6 breakfast meals sm oJ. The screen said $15.89. At the window he told me $19.81. I said hold up wait, wtf are you charging me 3 extra dollars for?? With the WI Tax percentage of %6.25 added on to the total of 15.89, the final price is still well below $19. Pisses me off, Im sorry!
In Perkins Oklahoma I ordered a Egg McMuffin combo with orange juice for the drink which I’ve done many times. When I had gone to the drive through, she had added $2 to the bill when on the screen it read $6.06, then at the window it was $8, I was then told there is an up charge for juice that I ordered. 🤷♀️ This kinda like bait and switch, not fair.
Today (5/02/2023) ordered a “combo meal” which states in the McDonald’s outlet “includes breakfast sandwich, hash browns, coffee”. I was charged an “up-charge” $0.39 for a small coffee (Richmond, VA location). The attendant did not inform me of an additional charge. There is no selection of a drink for “zero” up-charge. The advertising in truth should state – “Combo meal includes sandwich and hash brown; additional charge for drink”. Or, the option is to redefine what is included in a combo meal. McDonald’s is operating under false advertising. This is SAD.
I was charged an extra 59 cents “drink upcharge” on each of my breakfast combo meals. I asked why, and they said they “did not know”. I did not order any upsizing. In South Carolina. April 15, 2023. I have receipt. Include me in any lawsuit.
In Bremen, Georgia, I ordered a combo meal and was charged $.50 for my drink. I did not ask for any upsize nor was I asked. The attendant told me there is an upcharge for all drinks. If that is the case then there is false advertising in saying that drinks are included. When I stated that to the employee she told me to take it up with corporate. I don’t know that my comments here will amount to anything but I agree they won’t stop unless the courts order them to. Why not just include it with the price instead of an add on charge. SMH and they have been doing it for years now.