Branson, Mo. Fogle Restaurants Meal Fee Class Action Settlement

Fogle Enterprises Inc. has agreed to pay $320,000 to settle a class action lawsuit alleging it charged a Community Development Fund fee without properly disclosing the fee along with the cost of diners’ meals.

If you dined at a Fogle restaurant location in Branson, Mo., between Feb. 28, 2009 and Feb. 28, 2014, you may be entitled to benefits from the class action settlement.

The restaurants included in the Fogle class action settlement are:

• Plantation
• Peppercorn
• Baldknobbers
• Fall Creek Steak and Catfish House
• Great American Steak and Chicken House
• Whipper Snappers

According to the Fogle class action lawsuit, the restaurants included a 1 percent to 1.5 percent CDF fee on each of its customers’ bills without properly disclosing the fee or notifying customers that the funds were collected for non-charitable purposes.

Plaintiff Richard McMillin claims that Fogle was not legally authorized to charge the CDF fee.

“Defendants have unjustly, unfairly, and unlawfully implementented a scheme that resulted in its customers paying hundreds of thousands of dollars for something Defendants describe as ‘Com Dev Fund’ at the bottom of its receipts,” McMillin alleges in the Fogle class action lawsuit.

“This amount is automatically added onto each customer’s check in addition to the amounts advertised and charged for food, service and tax.”

McMillin says the practice is not mandated by any state or local law, and that the practice of charging the CDF fee actually violates the Missouri Merchandising Practices Act. He says the Fogle defendants implement the CDF fee in order to generate additional revenue.

The defendants do not admit liability but agreed to settle the Fogle restaurants class action lawsuit to avoid the burden and expense of ongoing litigation.

The Fogle restaurants class action settlement was preliminarily approved on July 17, 2018.

Class Members who wish to opt out of or object to the Fogle restaurant class action settlement must do so no later than Oct. 28, 2018.

UPDATE: On Feb. 16, 2019, Top Class Actions viewers are beginning to receive settlement checks from a Branson, Mo. Fogle Restaurants meal fee class action settlement worth as much as $10.

Who’s Eligible

Class Members include anyone who dined at Fall Creek Steak and Catfish House, Great American Steak and Chicken House, Whipper Snappers, Peppercorn, Baldknobbers or Plantation between Feb. 28, 2009 and Feb. 28, 2014 and paid a CDF fee.

NOTE: To be eligible for payment from the Fogle settlement, the dining experience must not have been business-related. For example, if you dined at a Fogle restaurant for a company lunch or another business-related purpose, you are not a Class Member.

Potential Award

A refund of the CDF fee.

For Class Members who do not provide a receipt identifying a CDF fee charge, they will be paid either 1 percent of the bill if they dined at a Fogle restaurant between Feb. 28, 2009 and June 1, 2011, or 1.5 percent of the bill if they dined at a Fogle restaurant between June 2, 2011 and Feb. 28, 2014.

Proof of Purchase

Class Members who do not provide proof of purchase or other documentary evidence are only entitled to claim up to $10, according to the settlement documents.

Proof of purchase may include a receipt, credit/debit card statement evidencing the total amount of the bill, or other documentary evidence (such as a photograph) of the visit along with an approximation of the amount of the bill.

NOTE: Do not provide information for any dining experience in which you asked to have the CDF fee removed from your bill.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/28/2018

Case Name

Richard McMillin v. Fogle Enterprises Inc., et al., Case No. 14AF-CC00154-01, in the Circuit Court of Christian County, Missouri

Final Hearing

12/14/2018

Settlement Website

www.FogleSettlement.com

Claims Administrator

Fogle Settlement Administrator
c/o Angeion Group
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@FogleSettlement.com

Class Counsel: (833) 945-5233

Class Counsel

WILLIAMS DIRKS DAMERON LLC
THE HODGSON LAW FIRM LLC
STRONG-GARNER-BAUER PC

Defense Counsel

HUSCH BLACKWELL LLP
SPENCER FANE BRITT & BROWNE LLP