BOSTON (Legal Newsline) — A Massachusetts man is alleging Dunkin' Donuts deceptively overcharges customers for purchases made through its mobile app.
Martin Kelledy, individually and on behalf of all other persons similarly situated, filed a complaint March 22 in the U.S. District Court for the District of Massachusetts against Dunkin' Brands Inc., and Dunkin Brand Group Inc., alleging violation of Massachusetts law and other claims.
Kelledy alleges in his class action complaint that Dunkin' is overcharging consumers through its mobile application for purchases made at hundreds of Dunkin' stores throughout the U.S. He claims that in mid-2022, after making purchases through the Dunkin' mobile app, there were undisclosed charges to some of his Dunkin' purchases.
Specifically, he alleges that in April 2022, he ordered an iced coffee for $3.69 as well as a bagel with cream cheese for $3.09 and that the subtotal was $8.03 instead of $6.78. He claims he was overcharged $1.25 and also paid tax on the overcharge.
Kelledy alleges it was not disclosed that he would be charged $1.10 for the addition of cream cheese or that he would receive an additional charge by ordering through the mobile app. He claims Dunkin' should not allow franchisee operators or individual stores to add charges that are not itemized and inserted into the subtotal charge without notice.
Kelledy and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jeffrey Thorn of Thorn Law PLLC in Boston.
U.S. District Court for the District of Massachusetts case number 1:23-CV-10626-RGS