A lawsuit says
McDonald’s is doing something cheesy: Charging full price for Quarter Pounders without cheese.
Two South Florida McDonald’s customers accuse the fast food giant of forcing them to pay for Quarter Pounders with Cheese when they wanted plain Quarter Pounders.
A lawsuit by Cynthia Kissner, of Broward County, and Leonard Werner, of Miami-Dade County, was filed this month in U.S District Court in Fort Lauderdale and seeks class action status.
Werner says he cut down on the amount of dairy in his diet and started ordering Quarter Pounders without cheese. After a couple of visits to McDonald’s, he noticed he was being charged for the cheesy versions. “I started talking with some lawyer friends, saying, ‘What’s the deal? They can charge for something I didn’t get?’ It’s not right.”
The suit says McDonald’s ceased displaying plain Quarter Pounders and Double Quarter Pounders on its in-store menus “at some point” after advertising and displaying the cheese-less options “for years.” The suit says the firm now requires customers who want them as a standalone sandwich or as part of a value meal to buy the “with Cheese” versions and ask for no cheese.
But the cheese-less sandwiches are available at reduced prices for customers who order them via McDonald’s app or through thirdparty delivery services, says the suit, filed by Andrew T. Lavin of Miamibased Lavin Law Group P.A.
“Notwithstanding the availability of Quarter Pounders and Double Quarter Pounders, customers have been forced, and continue to be overcharged for these products, by being forced to pay for two slices of cheese, which they do not want, order, or receive, to be able to purchase their desired product,” the suit says. The suit accuses the company of unfair and deceptive trade practices and unjust enrichment.
It states McDonald’s typically charges between 20 cents and 40 cents to add cheese to a standard product. On its app, a plain Quarter Pounder is priced between 30 cents and 90 cents less than the Quarter Pounder with Cheese, while a Double Quarter Pounder is 80 cents less without cheese, the suit says.
Attorney Russell B. Adler of Adler Law Center in Fort Lauderdale, a member of the legal team that filed the suit, said he estimates as many as 25 million consumers might have been overcharged.
Responding to the suit, McDonald’s issued this statement: “We do not believe the claims in this lawsuit have legal merit. The advertised Quarter Pounder Burger comes with cheese. We try to accommodate our customers’ requests by allowing them to customize their orders such as a Quarter Pounder with no cheese. Additionally, McDonald’s owners and operators determine menu pricing to be competitive in their market.”
As the lawsuit states, the Quarter Pounder is available without cheese as a menu item via McDonald’s app — for $3.29, a full $1 less than the price of the Quarter Pounder with Cheese at some Broward County locations. At other locations in Palm Beach and Miami-Dade counties, the price difference is 30 cents.
Adler said if McDonald’s is found liable, he might ask that each overcharged customer receive $25 and two free Quarter Pounders if proof of purchase by credit or debit card exists, or $10 and one free Quarter Pounder for customers who have no receipt or paid cash.