Legal Question in Business Law in California

I went to McDonalds for a big mac combo. Cost=6.19 + .50 for large = $6.69 I got charged 6.78. I called it to their attention and they appologized and gave me 2 apple turnovers. The next day, I got a fish combo, same price and same result. I asked for the manager again and esplained the same thing and told them this happened yesterday and that this time they offered a fre big mac. I did tell them I would be back again and if they didn't fix it, I'd get more. Now, 9 cents difference is nothing, but times all the combos sold? That's alot. I've brought it to their attention and they do nothing about, clearly ripping people off by not saying anything and still doing it. Would there be an attorney out ther for a suit and we both get some $$? Or what could I do? Just keep getting free items? I'd really like to know, I have where, when who, receipts, all. Thanks


Asked on 11/10/12, 10:22 pm

4 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

First thing is to report to the Better Business Bureau. Second, report to the Chamber of Commerce. You might even try the Franchise Tax Board.

Contact me at my website, fill out the mail form and we can discuss your options, including class action (long shot). I am sure this has happened to others besides you. We need to gather up these people. This is not right. I have a grocery store that does the same thing. Luckily, I always check my receipt before leaving even if the person(s) behind me in line are in a big hurry.

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Answered on 11/10/12, 10:47 pm
Joshua Hale Hale Law Group

I don't think the long shot of a class action is quite so long. I do think it would take a tremendous amount of work. It is the best shot at getting the company to no longer do this detestable nickel and dining of their customers. At best it is a repeated mistake, at worst it is theft.

Call me to discuss your options, and for any other questions you may have regarding this matter.

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Answered on 11/11/12, 8:22 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I disagree with the previous answers. I suspect that this franchise has a minor programming error in their cash-register software. You'd have a monumental task amassing credible evidence that the overcharges were deliberate. Filing a class-action (at great expense to yourself) would prod the McDonalds into fixing the problem, but would't ever bring you sudden wealth.

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Answered on 11/11/12, 10:34 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Whipple is probably right that this was initially the result of an unintentional error. But the restaurant continues overcharging even after you alerted it to the problem, so its ongoing conduct seems intentional to me. But the problem may be limited to this one restaurant, and even there it may only happen on a small fraction of orders. If I'm right about that, then the case may be too small to justify a class action.

Bear in mind that many McDonald's restaurants are franchises which are not owned by the McDonald's corporation. When a franchisee does something wrong without the franchisor's knowledge, then only the franchisee would be liable. A single franchisee might own several restaurants, but it would still be a relatively small business.

If your goal is to fix the problem rater than to profit from it, then you may want to contact your regional McDonald's office. The company will almost surely take corrective action.

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Answered on 11/12/12, 3:49 pm


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