Chick-fil-A price gouging for the birds: class action lawsuit

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Chick-fil-A covertly hikes the cost of items ordered for delivery despite promising consumers low fees, a new class-action lawsuit alleges. 

Lead plaintiffs Susan Ukpere of the Bronx and Aneisha Pittman of Newark, NJ, allege the chicken chain’s delivery customers are smacked with a 25 to 30 percent mark-up despite advertising that customers only need to fork over a fee of $2.99 or $3.99, according to the Sept. 28 Manhattan federal court filing.

The suit contends the identical order of a 30-count chicken nuggets order costs approximately $5-6 more when ordered for delivery than when ordered via the same mobile app for pickup, or when ordered in-store.

Ukpere alleges Chick-fil-A overcharged her on purchases for delivery she made on the Chick-fil-A website for a spicy deluxe sandwich meal, the suit says. 

“Hundreds of thousands of Chick-fil-A customers … have been assessed hidden delivery charges they did not bargain for,” the suit says.

“This hidden delivery upcharge makes Chick-fil-A’s promise of low-cost delivery patently false,” states the class action lawsuit. 

Pittman and Ukpere allege Chick-fil-A is guilty of breach of contract and unjust enrichment, and in violation of New York’s General Business Law regarding deceptive acts or practices and the NJ Consumer Fraud Act.

“Since the beginning of the COVID-19 pandemic, Chick-fil-A has moved
aggressively into the food delivery business, exploiting an opportunity presented by Americans’ reduced willingness to leave their homes,” the complaint says.

“By unfairly obscuring its true delivery costs, Chick-fil-A deceives consumers and
gains an unfair upper hand on competitors that fairly disclose their true delivery charges,” the suit says.

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