The defendants in this class action are Buffalo Wild Wings International, Inc. and its parent company, Inspire Brands, Inc. The complaint alleges that Buffalo Wild Wings stores displays “deceptive and untruthful menu prices” to customers who are placing takeout orders, because it adds 99 cents to each such order.
Two classes have been defined for this action:
- The Maryland Class is all persons in Maryland who, within the applicable statute of limitations before the filing of this action, bought takeout at a Buffalo Wild Wings restaurant and were charged a Takeout Service Fee.
- The Nationwide Class is all persons who, within the applicable statute of limitations, bought takeout at a Buffalo Wild Wings restaurant and were charged a Takeout Service Fee.
Buffalo Wild Wings allows prospective customers to look at its menus on its websites, on its app, and in its stores. But the complaint alleges that the “prices are false for consumers who place carryout orders” because every one of them pays more for the food than is listed on the menu.
Part of what the complaint objects to is how the fee is applied: “In fact, after customers 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 complaint alleges that customers are not told about the fee “until it shows up as a line item on their receipts after the purchase is complete.” In actuality, the complaint alleges, the name of the fee itself is a deception because the “fee is not for any additional ‘service’ related to the purchase of Buffalo Wild Wings food—it is part of the cost of [the] food itself.”
How do we know this? The complaint cites “fine print on its website or app that it never provided to in-store purchasers and never affirmatively provided to website or app users” which states, “This service fee helps us operate our takeout business[.]”
The complaint alleges that “operation” “is, of course, a basic component of any price offered by a business. In sum, Buffalo Wild Wings admits the ‘Takeout Service Fee’ is simply part of the cost of its food.”
According to the complaint, “Buffalo Wild Wings is imposing a stealth price hike in the form of [a] late-added fee, rather than charging a list price that reflects the actual cost to consumers of the food it sells.” This presents customers with a further difficulty, the complaint alleges, because they cannot easily comparison shop.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Buffalo Wild Wings 99-Cent Takeout Service Fee Complaint
August 26, 2022
The defendants in this class action are Buffalo Wild Wings International, Inc. and its parent company, Inspire Brands, Inc. The complaint alleges that Buffalo Wild Wings stores displays “deceptive and untruthful menu prices” to customers who are placing takeout orders, because it adds 99 cents to each such order.
Buffalo Wild Wings 99-Cent Takeout Service Fee ComplaintCase Event History
Buffalo Wild Wings 99-Cent Takeout Service Fee Complaint
August 26, 2022
The defendants in this class action are Buffalo Wild Wings International, Inc. and its parent company, Inspire Brands, Inc. The complaint alleges that Buffalo Wild Wings stores displays “deceptive and untruthful menu prices” to customers who are placing takeout orders, because it adds 99 cents to each such order.
Buffalo Wild Wings 99-Cent Takeout Service Fee Complaint