The suit came about earlier this year in May by Cynthia Kissner and Leonard Werner. The complaint was against the price of a Quarter Pounder with Cheese. The two say that even though they ordered the sandwich without cheese. However, there was still a charge for the cheese.
A judge in Florida has chosen to dismiss a class action suit against McDonald’s. The lawsuit was because two customers say that the food chain was engaging in deceptive and misleading business practices.
According to the Miami Herald, these products cannot be purchased either separately or as part of a value meal. Also, without the customer being overcharged and being compelled to pay for unwanted and undelivered cheese. They believe that Mcdonalds was unjustly when it comes to their practices. They believe that they should receive payment for cheese that does not go on the sandwich if someone doesn’t want the item.
Quarter Pounder With Cheese leads To Law Suit
However, Judge William Dimitrouleas did not agree with their case and chose to throw out the case with prejudice. This means that the plaintiff can file for the suit again.
Dimitrouleas says that the two individuals were not able to prove that there was any foul play.
In the ruling, the judge says that there must be a short and plain statement in the claim that shows that the pleader deserves some form of relief.
Though plaintiffs did argue that on the app for the fast food company, it offers the sandwich without cheese for around 30 cents less. However, the restaurant says that the McDonald’s App does not constitute advertising because pricing on the app varies state to state.
The restaurant was able to refute the argument. The customers were not able to state any viable claims after to chances. Also, it was clear to the judge that any additional amendment would not work in their favor.