Legal Question in Consumer Law in California

Is automatic up charging without notice at fast food restaurants legal?

Is is legal for a fast food restaurant to up charge a value meal without your permission? Examle, I ask for a number 4 combo meal at the drive through, I see the advertised price on the sign. they give me a total and I pay and take my food and drive away, as I drive I realize the total seemed a little hi so i check my reciept and notice I was up charged.I was charged extra for a larger drink and extra for a larger fry. I was not offerd this nor did I ask for this by the person taking my order and the different options were not listed on the drive through sign. I have gone back several times to see if this was an accident but it happens everytime I have gone to this particular restaurant. Is it legal for them to do this?I would say they are scaming the public as most people will not notice and if confronted they can just say it was a simple mistake.

Thank you for your time and help.


Asked on 5/03/06, 11:15 pm

2 Answers from Attorneys
Tom Martin Law Office of Thomas Glenn Martin

Re: Is automatic up charging without notice at fast food restaurants legal?

It is an unfair business practice to advertise an item for one price, you ask for that item, then they sell you a higher priced item. It's called bait and switch. Insofar as a class action may be concerned, however, it depends on whether this is a universal practice for the entire fast food chain or whether the manager of the restaurant you visited thinks it's a nifty idea to increase profits at his restaurant only.

Check out my website at http://www.tgm-law.com and let me know if I can be of additional assistance.

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Answered on 5/09/06, 4:06 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Is automatic up charging without notice at fast food restaurants legal?

I too am not lovin' this particular deceptive practice which I have observed nationwide at a certain fast food chain. This would be a good one for your local TV station consumer reporter.... PS - Don't order larger than a "small" soda unless you need to float a destroyer....

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Answered on 5/04/06, 12:49 am


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