BALTIMORE (Legal Newsline) - A $0.99 takeout fee "substantially" changes the price of food at Buffalo Wild Wings, leaving consumers incapable of comparison-shopping, a lawsuit claims.
Plaintiff DiVane Pittman sued BWW and Inspire Brands in July in Maryland's Montgomery County Circuit Court, and the companies recently removed the case to federal court. At issue is the 99 cents added to takeout orders that the plaintiff says was never reasonably disclosed.
BWW says the fee helps it operate its takeout business.
"The 'operation of a business' is, of course, a basic component of any price offered by a business," the suit says. "In sum, Buffalo Wild Wings admits the 'Takeout Service Fee' is simply part of the cost of its food.
"Buffalo Wild Wings is imposing a stealth price hike in the form of late-added fee, rather than charging a list price that reflects the actual cost to consumers of the food it sells."
An order of 10 wings for $14.49 ends up at $15.48 when carried out, the suit says - "This misrepresentation makes it impossible for consumers to comparison shop."
Attorneys at Brown, Goldstein & Levy in Baltimore are pursuing the case, as are lawyers at KalielGold in Washington, D.C.