Buffalo Wild Wings class action alleges restaurant charges carryout orders hidden takeout service fee

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Buffalo Wild Wings class action overview:

• Who: A Buffalo Wild Wings customer sued the food chain and its parent company, Inspire Brands.
• Why: The plaintiff says the company adds secret fees to takeout orders.
• Where: The lawsuit was filed in a Maryland court.

Buffalo Wild Wings offers customers “deceptive and untruthful” menu prices on its takeout orders with extra fees that aren’t revealed until after a customer’s payment has been processed, a new class action lawsuit alleges.

Plaintiff Divane Pittman filed the class action lawsuit against Buffalo Wild Wings International, Inc. and its parent company, Inspire Brands, Inc., Aug. 26 in a Maryland county court, alleging violations of state and federal consumer laws. 

According to the lawsuit, to appeal to consumers in a crowded food marketplace, Buffalo Wild Wings promises its customers food items at “appealing” menu prices. However, the lawsuit alleges that those prices are false for consumers who place carryout orders. 

“In fact, all carryout orders incur an additional $0.99 ‘Takeout Service Fee,’” the Buffalo Wild Wings class action alleges.

Reasonable consumers understand the listed price to be the complete price for the food items, Pittman says. Therefore Buffalo Wild Wings’ menu price representations are false as the listed prices are not the true cost of food at the outlet, she adds.

“In fact, after consumers select menu items based on listed prices and customize those menu items with dips, sides and other specifications, and after the ordering process is substantially complete, Buffalo Wild Wings surreptitiously imposes a so called ‘Takeout Service Fee’ amounting to $0.99,” the Buffalo Wild Wings class action claims.

Pittman says this “late addition” of a “so-called Takeout Service Fee” on receipts substantially changes the menu prices for takeout food items and disguises the true cost of the items.

Buffalo Wild Wings class action claims ‘Takeout Service Fee’ not disclosed to customers

The “Takeout Service Fee” is never reasonably disclosed to consumers until it shows up as a line item on their receipts after the purchase is complete, Pittman states.

For Buffalo Wild Wings to surreptitiously inflate food prices with a later-added fee is false and deceptive, she alleges. 

“Buffalo Wild Wings is imposing a stealth price hike in the form of late-added fee, rather than charging a list price that reflects the actual cost to consumers of the food it sells,” the Buffalo Wild Wings class action states.

Pittman says that by falsely marketing food at menu prices that are lower than the true cost of its food to consumers—and without displaying its Takeout Service Fee prior to sale— Buffalo Wild Wings deceives consumers into making food purchases they otherwise would not make.

Pittman looks to represent anyone in the United States who made a takeout purchase at a Buffalo Wild Wings restaurant and was charged a Takeout Service Fee, plus a Maryland class.

She’s suing under Maryland consumer laws and for breach of contract law and seeking damages, an injunction, fees, costs and a jury trial.

Buffalo Wild Wings faced a similar class action lawsuit in November regarding a so-called “Service Fee.” That case was voluntarily dismissed by the plaintiffs in March.

Are you affected by the allegations in the Buffalo Wild Wings class action lawsuit? Let us know in the comments! 

The plaintiff is represented by Andrew D. Freeman, Neel Lalchandani, and Lauren J. Kelleher of Brown, Goldstein & Levy, LLP. 

The Buffalo Wild Wings class action lawsuit is Divane Pittman v. Buffalo Wild Wings International, Inc. et al., Case No. 8:22-cvv-022117733-GJJHH in the Circuit Court for Montgomery County. 

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