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Serious bidness -- $5M lawsuit against McD over QP w/cheese

Beau Vine

By Beau Vine
in Daily Texan

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Beau Vine

Beau Vine 54471

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Two South Florida McDonald's customers think the fast-food giant is being awfully cheesy with how it charges customers for a signature item that has been on its menu since 1975.

According to a class-action lawsuit filed in Fort Lauderdale federal court on May 8, Cynthia Kissner, of Broward County, and Leonard Werner, of Miami-Dade, say they have had to pay for cheese they don't want on their Quarter Pounder sandwiches.

The suit asks for at least $5 million.

It comes down to this: On the menu, a hamburger at Micky D's is cheaper than a cheeseburger.
 


According to the lawsuit, filed by Andrew Lavin of the Miami-based Lavin Law Group, McDonald's used to sell four items in the Quarter Pounder family, with and without cheese, with prices adjusted accordingly — about .30 to .90 cents more for cheese than without.

This practice continued for years, the suit says, but now McDonald's, "at some point," ceased "separately displaying these products for purchase on menus, and currently lists the availability of Quarter Pounder with Cheese and Double Quarter Pounder with Cheese."

As a result, the suit claims, "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."

Having to pay for cheese they do not receive because they asked that it be held off of the burgers, well, they are not "lovin' it," to borrow from McDonald's current slogan.

Lavin told the Miami Herald that customers who use McDonald's mobile app to order, and those like Kissner and Werner who opt to place their orders at the restaurant, face two different scenarios.

"First of all, within the past couple months McDonald's has updated its mobile app and if you want you can, in fact, purchase a Quarter Pounder using the mobile app," Lavin said. "So McDonald's is offering two specific products: one is a Quarter Pounder and one is a Quarter Pounder with Cheese. But if you go into the restaurant that option is not available to you."

According to Lavin's suit, Kissner and Werner "have suffered injury as a result of their purchases because they were overcharged, and were required to pay for cheese, which is not a component of either a Quarter Pounder or a Double Quarter Pounder, that they did not want and did not receive."
 

The suit does not say that restaurant chains charge more or less money when you "have it your way," such as asking for an extra squirt of "special sauce" on a McDonald's Big Mac.

For instance, buy a turkey sub at Subway and you pay the same whether you ask for it fully loaded or just plain meat and bread.

 

McDonalds receipts.jpg
Two McDonald's receipts from restaurants in Pembroke Pines and Cooper City from plaintiff Cynthia Kissner were included in a lawsuit filed by Kissner and another South Florida customer who claim they have to pay the price of a Quarter Pounder with Cheese when they only want a Quarter Pounder sans cheese.
United States District Court/Southern District of Florida

 

 

 

Nevertheless, the suit claims "McDonald's is being unjustly enriched by these practices because it receives payment for cheese it does not deliver to its customers."

For the record, McDonald's lists the following ingredients on its Quarter Pounder with Cheese: a quarter-pound beef patty, sesame seed bun, pasteurized process American cheese, ketchup, pickle slices and onions. Prices are about $4.19 for the single and $6.19 for the double.
 

The lawsuit cites trademarks of the ingredient components of McDonald's signature sandwiches, like the Big Mac — we all remember the commercial jingle that sang, "two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun." The suit claims "the price of a Big Mac includes a charge for the cheese that is included as a component of the product."

 

 

While that may be so, there was never a price break if you asked the counter person to alter the jingle and leave off one of the Big Mac's components.

Lavin explains that the Big Mac was trademarked as containing all of those ingredients.

"If someone wants a Big Mac and if they want any component withheld they are not entitled to a credit against the purchase price," he said.

But for the Quarter Pounder, "a product that was sold for years and trademarked as a Quarter Pounder and is affirmed by a separate product 'with cheese,' is an acknowledgment that something is added to the base product," Lavin said. "Which is why they should not have to be compelled to pay for cheese when they don't want it, especially when they do offer it in other means."

McDonald's hasn't responded to the suit and has 21 days to do so.

"If and when this is certified as a class action then notice will be given to everyone who qualifies as a class member," Lavin said.

If this process is triggered through a certification after McDonald's responds to the suit, people would be able to submit paperwork to the courts to notify of their interest in participating in a class action suit, said Lavin.

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Lhorn

Lhorn 4971

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I thought this was going to be about the "quarter pounder" not actually weighing a quarter pound.  This is actually far more retarded if that's possible.  Don't they have right to change what they want?  You know what you are getting for your money.  How come an adult isn't supposed to order from the kid's menu?  How come at some places, the kid's meal is like 80% the size of the adult's meal, but costs half as much.  Home come if you split the same entrée, they charge you more than it cost's to wash a plate and fork?  How come when I bring a bottle of wine to a restaurant, the corkage fee is way more than the actual labor cost of the waiter pouring the wine that I brought?  Because they own the restaurant and decide what they are going to charge you.  Why is this different?

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NaTeWHO

NaTeWHO 852

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5 minutes ago, AUS-97HORN said:

count me in the "I thought this lawsuit was about the quarter pounder not being 1/4 of a pound." group

I think the quarter pound is the precooked weight. Once they cook off some fat from the 60/40 patty, it's probably much less than that.

Edited by NaTeWHO
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clapclapclap

clapclapclap 9000

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Timely, we went to McDonald's this weekend, and after seeing the new ads I tried the 'new' QP with cheese.  Seems like a tiny sandwich for $4 bucks.  Is my memory off or was it larger when we were growing up?

The double drive thru was nice.  Except a Quarter Tonner with Kids in a minivan covered in bumper stickers took forever to make a $10 order.  3 cars jumped ahead in the other lane while she was pointing and pondering and changing her mind.  Would like to sue her.  Go inside if you don't have a clue what you want.

Would like to see these frivolous lawyers sentence to a week in a pillory in the Zika and python infested summer Everglades.

Edited by clapclapclap
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ChickenSandwich

ChickenSandwich 9856

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2 minutes ago, clapclapclap said:

Timely, we went to McDonald's this weekend, and after seeing the new ads I tried the 'new' QP with cheese.  Seems like a tiny sandwich for $4 bucks.  Is my memory off or was it larger when we were growing up?

The double drive thru was nice.  Except a Quarter Tonner with Kids in a minivan covered in bumper stickers took forever to make a $10 order.  3 cars jumped ahead in the other lane while she was pointing and pondering and changing her mind.  Would like to sue her.  Go inside if you don't have a clue what you want.

Would like to see these frivolous lawyers sentence to a week in a pillory in the Zika and python infested summer Everglades.

Tried the new Royal w/cheese as well. Big improvement. 

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Lhorn

Lhorn 4971

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As a result, the suit claims, "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."

Having to pay for cheese they do not receive because they asked that it be held off of the burgers, well, they are not "lovin' it," to borrow from McDonald's current slogan.

 

This is senseless.  They want to order an item with comes with cheese by default, have them hold the cheese and think they should be charged less?

There is a precedent that simply holding an item that comes with your meal doesn't mean you get a refund.  "Hold the olives", "hold the mustard," etc.  You don't get a refund.  Long for the days when the "quarter pounder" could be purchased without cheese?  Go suck an egg.  It comes with cheese now fatass.  

 

Where is my $5,000,000 for holding mayonnaise all these years on burgers?  Got damn burger tycoons getting rich off my held mayo.  

 

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DanRydell

DanRydell 799

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count me in the "I thought this lawsuit was about the quarter pounder not being 1/4 of a pound." group


Same, and I would have been good with that assuming there was evidence the burgers aren’t 1/4 pound pre-cooked.

I admittedly know jack shit about Florida unjust enrichment law so maybe there’s some precedent to support this but it seems ridiculous.
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Mojo Hand

Mojo Hand 4580

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I actually fall with this class, as I occasionally get a quarter pounder with no cheese.   I've never thought I was paying less than I would with cheese.   The menu item is "QP with cheese."   I don't expect to pay less if I have them hold the pickles, and I don't if I say no cheese either. 

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TwiceHorn

TwiceHorn 31622

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47 minutes ago, Texas_Rocks said:

Lawsuit sounds pretty lame, but I wish I could sue the fuck out of whoever is responsible for the shit served from soda machines and passed off as Coca Cola.

One thing that does cheese me off (haha get it?) is the alleged 30 minutes of free music from Spotify for listening to a godawful loud ad.  More like 20 minutes of free music.

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markstanco

markstanco 12636

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Lawsuit sounds pretty lame, but I wish I could sue the fuck out of whoever is responsible for the shit served from soda machines and passed off as Coca Cola.
I'll get a coke from McDs once or twice a year. I think they are 2nd only to sonic.

Haven't had a meal after breakfast from there in 10 or 15 years, and that streak only started because I was on Indian nations turnpike to Tulsa and you can choose to eat at McDonalds or the grass on the side of the road.
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miguelito

miguelito 11332

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2 hours ago, TwiceHorn said:

I'm terribly damaged.  Not enough free shit for free.  Emotional distress, though.

LAWSUIT

37 minutes ago, gsoda3 said:

Had a double QP today. Their new "fresh never frozen" patties are awfully dry.

LAWSUIT 

14 minutes ago, Macanudo said:

And salty as shit.   I think they've confused fresh with "over seasoned."

LAWSUIT 

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High Plains Drifter

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4 hours ago, markstanco said:

Haven't had a meal after breakfast from there in 10 or 15 years, and that streak only started because I was on Indian nations turnpike to Tulsa and you can choose to eat at McDonalds or the grass on the side of the road.

 

Unless the Indian nations turnpike (whatever the fuck that is) is like the trans-Siberian railroad, you probably wouldn't have starved if you had waited until you got to Tulsa.

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Lhorn

Lhorn 4971

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Sign away my rights to sue for millions of dollars because I was charged for mayo that I didn’t want?  Fuck no. This is America.  Take that shit back to mother Russia comrade

Edited by Lhorn
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Wiler77

Wiler77 1578

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The suit does not say that restaurant chains charge more or less money when you "have it your way," such as asking for an extra squirt of "special sauce" on a McDonald's Big Mac.

Worked a Burger King ad campaign into a McD article, and typed the phrase "extra squirt of special sauce"--all in one sentence.  Well done.

As for the lawsuit, this is beyond retarded and the lawyers should be shot.

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krevo

krevo 142

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On 5/29/2018 at 5:04 PM, clapclapclap said:

Timely, we went to McDonald's this weekend, and after seeing the new ads I tried the 'new' QP with cheese.  Seems like a tiny sandwich for $4 bucks.  Is my memory off or was it larger when we were growing up?

The double drive thru was nice.  Except a Quarter Tonner with Kids in a minivan covered in bumper stickers took forever to make a $10 order.  3 cars jumped ahead in the other lane while she was pointing and pondering and changing her mind.  Would like to sue her.  Go inside if you don't have a clue what you want.

Would like to see these frivolous lawyers sentence to a week in a pillory in the Zika and python infested summer Everglades.

There is literally nothing worse than some moron sitting in a drive thru lane with a car full of kids screaming out what they want while she slowly rambles off the custom order of each of the fucking brats.    We never told our parents what we were eating when I was a kid.  It was the other way around.  

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krevo

krevo 142

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On 5/29/2018 at 9:08 PM, gsoda3 said:

Had a double QP today. Their new "fresh never frozen" patties are awfully dry.

I tried one even though I never eat the QP sandwich and mine was wet, almost as though they spritz it with beef stock and oil.  Fucking gross.  Whataburger would never pull this shit.

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