Steven Cohen  |  September 18, 2019

Category: Food

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mcdonald's fast food restaurant exteriorMcDonald’s Corporation has been hit with a class action lawsuit by a customer who claims that the restaurant charged him $1.89 for a Sausage McMuffin, even though they advertise the price on the “value menu” at $1.

In September 2018, plaintiff S.D. states that he visited a McDonald’s in California and was shown an advertisement that the Sausage McMuffin was part of a value menu and would cost $1. 

Based on the advertised price, the plaintiff decided that he would purchase two Sausage McMuffins.

However, after leaving the restaurant, S.D. says he noticed that he was actually charged $1.89 for each Sausage McMuffin.

“Had Plaintiff known that Defendant would charge Plaintiff more than Defendant had represented for the Class Products, he would not have purchased the Class Products from Defendant’s restaurant,” the McDonald’s class action lawsuit states.

The plaintiff claims that he was never informed, either in writing or orally, that he would be charged more than the advertised price before he purchased the breakfast item.

In addition, the plaintiff argues that he felt “ripped off and cheated” by McDonald’s for charging more than what was represented to him. 

S.D. believes that McDonald’s will continue to trick customers into purchasing Sausage McMuffins at a higher price than advertised.

“As a result of Defendant’s fraudulent practices, described herein, Plaintiff has suffered economic loss, emotional distress, wasted time, and anxiety,” the McDonald’s class action lawsuit argues.

The McDonald’s class action lawsuit states, “Consumers rely on the representations and advertisements of restaurants in order to know which products to purchase. Details as to the price are important and material to consumers at the time they purchase food from a particular restaurant.”

The plaintiff alleges that McDonald’s knew that the representations that were made about the price of the Sausage McMuffin was not true and intentionally made them in order to deceive their customers.

The McDonald’s class action lawsuit alleges that the restaurant will continue to engage in these misleading practices and will not stop unless forced to do so by a court.

“Defendant’s conduct will continue to cause irreparable injury to consumers unless enjoined or restrained,” the McDonald’s class action lawsuit argues.

In addition, the plaintiff contends that McDonald’s actions only benefit them and provide no benefit to any consumer.

“In fact, knowing that Class Products were not of this price, Defendant unfairly profited from their sale. Thus, the injury suffered by Plaintiff and the members of the Class is not outweighed by any countervailing benefits to consumers,” the McDonald’s class action lawsuit claims.

The plaintiff states that McDonald’s has violated the California Unfair Competition Law, False Advertising Law, and the Consumer Legal Remedies Act.

Potential Class Members include: “All consumers, who, between the applicable statute of limitations and the present, purchased Class Products in the state of California and were charged in excess of the price represented by Defendant.”

Did you pay too much for food at McDonald’s restaurants?  Please let us know in the comment section below.

The plaintiff is represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George, Thomas E. Wheeler, and Mordechai Wolowitsch of the Law Offices of Todd M. Friedman PC.

The McDonald’s Sausage McMuffin Class Action Lawsuit is S.D. v. McDonald’s Corporation, Case No. 2:19-cv-08006, in the U.S. District Court for the Central District of California.

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444 thoughts onMcDonald’s Class Action Says Customers Overcharged For Value Menu Items

  1. Melissamasseymoulton says:

    I was charged 20.78 for 2 jballin meals because they charged me for the meals than the fries in the meal and than the mcflurries . So yes I was ripped off

  2. Treva says:

    I went through the drive thu with the intentions of ordering a $1 Sweet Tea. I saw that any size Ice Coffee $1.49, so I ordered that instead. I was charged over $2.00. After arguing with the night manager for 5 min he reduced the price with an attitude as he explained it wasn’t his fault over again, stating “They”JUST came in and changed the price TWO days ago and hadn’t gotten around to changing the drive thru menu board. .?

    1. Michael C Favoino-Finkbeiner says:

      I was charged 8.00 for extra sauces that the app says is free.

  3. Cyndi says:

    I brought a 3.00 bundle that has small fries and McChicken sandwich, plus a med ice coffee. The cost for the 3.00 bundle is $3.50 and the Medium ice coffee is $2.99. This is crazy. There was also a food tax in the end. Why is this right and fair, especially during the pandemic (Corona Virus) that we are facing? Many are without jobs now and trying to eat without getting scammed financially. This incident happen in Manhattan in Lower East Side Madison St. NYC. This is ridiculous. Is it the cashier’s fault or upper management doing this? Are they taking advantage of people there who doesn’t check their receipts or who does not understand English??

  4. Kristine Condie says:

    The 40 peice nugget combo is advertised for $15.00 and comes with 2 large fries. I looked at my receipt that shows I was charged $10 for nuggets and $5.58 for two large fries. When I asked the manager he said that’s the only way they can do it. So the combo is really 15.58

  5. Dwayne says:

    They constantly price promotions low on app and the order will go through at a much higher price. A price that I would just have ordered something else or not ordered had it been honestly priced. Then waste my time, my stress trying to prove the app had a lower price. Take a screenshot!

  6. Cynthia Hendry says:

    Have been charged more for my sausage & egg mcmuffin. Please add me!

    1. JL says:

      McD’s website says egg mccmuffin meal includes egg mcmuffin, hash browns, and a small premium roast coffee. Yet when I ordered the meal today, I was charged extra for the small coffee. When cashier and manager were asked why, their response was ” meal includes soda only”. Guess everyone here in New Mexico likes soda with breakfast, rather than coffee.

  7. Shelly says:

    Ok … I am a avid couponer where ever I can use a coupon .. according to Macdonalds receipt it offers a BIGIF by completing a survey it’s either a Quarter Pounder or Egg McMuffin … it does not say which egg McMuffin !!!! So if I order Egg McMuffin with Canadian bacon with no egg and a Egg McMuffin and sausage egg muffin you CANT use the coupon … but according to coupon it states EGG MCMUFFIN … how embarrassing it is to get to window and you can’t get ur free Egg McMuffin … FALSE ADVERTISING … I want to make this a class action lawsuit HELP!!!

  8. JACQUELYN K BLASI says:

    $1 hamburger from $1 menu charged more than 1 dollar. In west Roxbury Massachusetts location. Our Naples Fla location was dollar menu burger only a dollar!!! What going on at Massachusetts location. Count me in for lawsuit.

  9. William Molnar says:

    As a resident of Pittsburgh PA (Allegheny County) I expect taxes to be at 7%. yet when I ordered 2 hamburgers at the wood street location I see I am charged .17 cents in taxes which makes ZERO mathematical sense whatsoever. Even if they overcharge the tax should be an even number. .18 cents or .16…but .17? c’mon. WORSE….to order 3 hamburgers I was charged .26 cents for a purchase that in essence costs only 1.19 more than 2 yet only be taxed at .26 cents? This makes no sense to me whatsoever.

  10. Jeffrey says:

    Add me. I drove to McDonald’s to get the Shamrock Shake, but the store had turned off the machine (isn’t that always the case?). So I instead ordered a couple $1.00 items. It showed on both the menu and the drive-thru screen as $1.00 items as I was ordering. Then after payment the receipt said all the items were $1.25 plus tax. There was a note on the receipt about a “Break Menu” item. I asked why I was charged that and what the “Break Menu” was; but the worker had no idea. I thought maybe I got charged extra because it was after midnight, but this happens at Noon too. There’s no way to avoid the upcharge at any McDonald’s in my area. It’s an upsetting and frustrating con.

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