PANAMA CITY, Fla. (Legal Newsline) — A Waffle House customer is alleging deceptive price advertising on the restaurant's combination breakfast meal.
Jessica Collins, individually and on behalf of all others similarly situated, filed a complaint Dec. 17 in the U.S. District Court for the Northern District of Florida-Panama City Division against Waffle House Inc., alleging violation of state consumer fraud acts, breach of express warranty and other claims.
Collins alleges in her class action that Waffle House's "All-Star Special" breakfast combination is falsely advertised as a bargain. Specifically, Collins claims that the breakfast special, which includes a combination of food items that the customer can put together, is advertised with a $10 price and a "strikethrough price" of $13.25 on the menu.
She alleges the reference price of $13.25 is not a legitimate price comparison because the $13.25 is based on the total price of three items when purchased separately. Collins further alleges that listing the All-Star special price as a "bargain" misleads consumers, entices them to purchase the breakfast meal and is not the "value customers expect" because $10 is the regular price.
She claims the defendant's actions caused her to pay more for her food items while dining at a Waffle House in Chipley because the combo she ordered was not as high a price as Waffle House represented.
Collins seeks monetary relief, interest, trial by jury and all other just relief. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Northern District of Florida Panama City Division