NEWARK, N.J. (Legal Newsline) – A New Jersey couple are suing Taco Bell over allegations the restaurant is misleading consumers about the price of an advertised menu item.
Nelson Estrella-Rosales and Joann Estrella, individually as husband and wife, filed a complaint on Aug. 15 in New Jersey Superior Court against Taco Bell Corp., Yum! Brands Inc., ABC corporations (1-10) and John Does 1-10 alleging violation of the New Jersey Consumer Fraud Act and other counts.
The suit states the plaintiffs saw the defendants' television commercial that advertised the Chalupa Cravings Box for $5. They allege in May 2018, they went to a Taco Bell restaurant and purchased two Chalupa Cravings Boxes for which they were charged $12.18 as well as a 81 cents in tax instead of the $10 they believe they should have paid.
The plaintiffs allege the defendants made untrue, deceptive and misleading misrepresentations regarding the price of the boxes and that the defendants have "reaped huge profits" because of the alleged misconduct.
The plaintiffs are seeking trial by jury, attorneys' fees, court costs, interest and just relief. The plaintiffs are represented by Douglas S. Schwartz of Sisselman & Schwartz LLP and Matthew R. Mendelsohn of Mazie Slater Katz & Freeman LLC, both in Roseland, New Jersey.
The defendants removed the case to the U.S. District Court for the District of New Jersey on Sept. 20.
U.S. District Court for the District of New Jersey case number 2:19-CV-18192