Domino’s Mix & Match Deal Misleading Advertising Class Action

Domino’s Pizza runs a “Mix & Match Deal” advertising campaign offering a long list of products at its restaurants and franchises for $5.99 each. But the complaint alleges that some of the franchised restaurants do not make good on the deal and actually charge more than the promised $5.99 for some of the products.

The class for this action is all persons in the US who bought the products through the Mix & Match deal, at any time between July 30, 2017 and July 30, 2021, and who are not subject to an arbitration agreement. A California Subclass has also been defined, for persons in California.

The defendants in this case are, on the one hand, Domino’s Pizza, LLC and Domino’s Pizza, Inc., and on the other, franchisee Fernando Tapia (doing business as Domino’s Pizza, Salmex Pizza, Inc., Salmar Pizza, Inc., JP Pizza, Inc., and Gafe Pizza, Inc.).

Domino’s runs national advertising campaigns to promote its stores, and franchisees must contribute a percentage of its weekly royalty sales to the company’s National Advertising Fund. They may also be required to contribute another percentage to any existing advertising cooperative among the stores for local and regional advertising.

The complaint alleges that Domino’s and Tapia “are jointly engaged in advertising and marketing” the Mix & Match deal, which invites consumers to “Choose Any 2 or More for $5.99 each.” The Mix & Match deal campaign, the complaint alleges, is paid for and run by Domino’s National Advertising Fund and run nationally, regionally, and locally.

The deal offers a coupon and is meant to cover a variety of products offered by Domino’s restaurants, including, the complaint claims, “Pizza (Medium) 2 Topping Pizza, Breads, Salads, Pastas, [and] Chicken[.]” An extensive list of the products can be found on pages 12-13 of the complaint, linked below.

But the complaint alleges that the advertising is false and misleading. It claims, “Contrary to Domino’s representations, warranties, or statements regarding the discounted price of the Products, it charges consumers more than $5.99 per Product under the Mix & Match deal.” The complaint does not specify which items it claims Domino’s charged more for or how much the charge was, although it does note that the charges were for in-store purchases.

The counts include violations of California’s Consumers Legal Remedies Act, its Unfair Competition Law, and its False Advertising Law, among other things.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Requiring Consumer to Pay Higher Prices