Jessy Edwards  |  June 9, 2021

Category: Fees

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PANERA DELIVERY FEE CLASS ACTION LAWSUIT
(Photo Credit: Jonathan Weiss/Shutterstock)

Panera advertises a low-cost, flat delivery fee of $6, but then secretly increases the prices of food for delivery customers, a new class action lawsuit alleges.

Plaintiff Aaron Aseltine filed the class action lawsuit against Panera on June 4 in the Superior Court of the State of California for the County of Alameda, alleging violations of multiple California consumer and business laws. 

Aseltine alleges the bakery made deceptive and untruthful promises to provide a flat delivery charge of $6 on food deliveries through its app and website.

Aseltine says, since the beginning of the pandemic, Panera has moved aggressively into the food delivery business. To appeal to consumers in a crowded marketplace, Panera has prominently marketed a flat, low-cost delivery on its mobile app and website.

“These representations, however, are false. Panera actually imposes additional, hidden delivery charges on its customers.”

Aseltine alleges that Panera secretly marks up food prices — for delivery orders only — by five to seven percent. 

“In other words, the identical sandwich costs approximately $1 more when ordered for delivery than when ordered via the same mobile app for pickup, or when ordered in store.”

The consumer says the hidden delivery charge makes Panera’s flat, low-cost delivery promises “patently false.” The true delivery costs are obscured and far exceed the prominent, flat low-cost promises, he says. 

Plus, Panera does not inform consumers that the use of the delivery service causes an increase in food prices, as other businesses do, the claim states.

Aseltine says hundreds of thousands of Panera customers have been handed hidden delivery charges they did not bargain for. This can be assessed by changing the option in the app from pick up to delivery, and noting the price goes up by more than $6. 

Aseltine is looking to represent all California consumers who ordered food through the Panera app for delivery and got higher charges than represented. He is suing under California Unfair Competition Law, the Consumer Legal Remedies Act and False Advertising Law.

He is asking for an injunction, damages, disgorgement of profits, fees, costs and a jury trial.

Meanwhile, a Chipotle customer is also suing the burrito giant over its “free delivery” claims. 

The class action lawsuit claims that the Mexican food chain adds a 10 percent “service charge” to delivery orders, effectively making its ‘free’ or ‘$1’ delivery advertisements untrue and misleading. 

Have you ordered food for delivery through Panera? Let us know what you think of these allegations in the comments! 

The plaintiff is represented by Jeffrey D. Kaliel and Sophia Loren Gold of Kaliel Gold PLLC. 

The Panera Hidden Delivery Fees Class Action Lawsuit is Aseltine et al., v. Panera et al., Case No. 4:21-cv-04284, in the Superior Court of the State of California for the County of Alameda.


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143 thoughts onPanera Hides Secret Delivery Fees by Ramping Up Food Prices, Class Action Lawsuit Claims

  1. SHERRY TOWNE says:

    ADD ME

  2. Nick Spader says:

    Just found this after placing an order tonight, count me in.

  3. Lorraine says:

    I’m at Panera right now. I ordered ahead for PICK UP from Panera’s own app, and decided once in Panera to order a beverage and discovered they charge more in their own app for pickup! My salad was .70 cheaper ordering in the store, drink .20 cheaper ordering in the store!

  4. Robin Krupke says:

    Just got this in Wisconsin. Advertised $1 delivery, but jacked up food prices so the difference in ordering for delivery vs. pick up is a $6.55 difference.

  5. Becky v morris says:

    Add plz

  6. Karen Wieland says:

    Are you serious? I won’t shop there anymore!! Please include me.

  7. nanda P shah says:

    add me

  8. Rhonda Brim says:

    Please add me

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