A complaint against Buffalo Wild Wings was removed to a district court on Friday. The initial suit was filed in mid-July of 2022 by plaintiff Divane Pittman against defendants Buffalo Wild Wings International, Inc. (BWW) and its parent company, Inspire Brands, Inc. (Inspire). The suit alleges that the defendant restaurant chain “deceptively represented their menu prices offered to consumers on takeout orders because Defendants charge a $0.99 “Takeout Service Fee,”” in violation of the Maryland Consumer Protection Act.
Last Friday, the defendants removed the action from the Circuit Court of Maryland for Montgomery County to the United States District Court for the District of Maryland.
Pittman explains that in an effort to appeal to consumers, BWW lists its food items at appealing menu prices on their app, website, as well as in-store. However, Pittman alleges that these prices are not true for customers who place carryout orders, as all carryout orders incur a $0.99 takeout service fee.
The plaintiff argues that the defendant’s menu prices are represented falsely, since after consumers select menu items, BWW imposes the aforementioned takeout service fees, which Pittman claims “substantially changes the menu prices for takeout food items and disguises the true cost of those items.” Further, Pittman notes that the takeout service fee is never disclosed to the customer in a reasonable manner until after they have paid their bill.
BWW’s website notes that the service fee is imposed in order to help the company operate their takeout business, which Pittman alleges means the fee is simply a cost of their business, which is making food. Pittman concludes that “by falsely marketing food at menu prices that are lower than the true cost of its food to consumers, without displaying its Takeout Service Fee prior to sale, [BWW] deceives consumers into making food purchases they otherwise would not make.”
The complaint cites a violation of Maryland’s Consumer Protection Act and breach of contract. The plaintiff is seeking an injunction preventing further deception from the defendant, declaratory and injunctive relief, disgorgement and restitution, compensatory and punitive damages, litigation fees, pre-judgment interest, and any other relief deemed just by the Court.
The plaintiff is represented in the litigation by Brown, Goldstein & Levy while the defendants are represented by DLA Piper.
