Buffalo Wild Wings Charges ‘Hidden Fees’ For Food Delivery, New Class Action Claims

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Buffalo Wild Wings “Hidden Fees” Class Action Lawsuit Overview: 

• Who: Buffalo Wild Wings is facing a class action lawsuit.
• Why: The plaintiff alleges BWW charges hidden delivery fees on top of its advertised delivery fee.
• Where: The lawsuit was filed in Arizona federal court. 

Buffalo Wild Wings engages in deceptive and untruthful promises to provide a flat, low-price delivery fee on food ordered through its app and website, a new class action lawsuit claims.

To appeal to consumers in a crowded food delivery marketplace, Buffalo Wild Wings has promised its customers low-price delivery in its mobile application and on its website — in the amount of $1.99, in Lead Plaintiff Michelle Wheeldon’s case. However, Wheeldon alleges these representations are false because the company imposes hidden delivery charges on its customers in addition to the “low delivery fee” represented in its app and on its website.

On delivery orders only, Buffalo Wild Wings assesses an additional charge on food orders that it calls a “Service Fee,” the lawsuit states. This additional charge amounts to $3.00 more for the same food received by non-delivery customers. Because this fee is exclusively charged to delivery customers, and not to customers who order in-store or who order online and pick up their food in-store, the “Service Fee” is by definition a delivery fee, Wheeldon claims.

“This hidden delivery upcharge makes BWW’s promise of a flat, low-cost delivery charge patently false,” the lawsuit states. “The true delivery costs are obscured, as described above, and far exceed its express representation that its delivery fee is $1.99. By falsely marketing a quantified, low-cost delivery charge, BWW deceives consumers into making online food purchases they otherwise would not make.” 

The plaintiff, on behalf of herself and the classes, seeks an order enjoining the defendant from continuing the unlawful practices set forth above; declaratory and injunctive relief as set forth above; an order requiring the defendant to disgorge and make restitution; compensatory and punitive damages; reasonable attorneys’ fees and costs of suit; and pre-judgment interest.

Have you been charged a “hidden” delivery fee for a Buffalo Wild Wings order? Sign up to start your own class action lawsuit here! 

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

The Buffalo Wild Wings “Hidden Fees” Class Action Lawsuit is Wheeldon v. Buffalo Wild Wings, Inc., Case No. 2:21-cv-01947-DLR, in the U.S. District Court for the District of Arizona.

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