Arby’s Class Action Lawsuits Alleges Restaurant Sells ‘Deceptively Smaller Sizes’

Arby’s is at the center of two class action lawsuits. The first was brought by a New York woman who claims that the restaurant did not, in fact, have the meats.

The New York Post reports that a Queens woman claims that the fast-food restaurant reduced the sizes of french fries and drinks served without cutting its prices or informing patrons of the new, smaller sizes.

“Arby’s deceptively continues to sell its fries and beverages in smaller sizes which are now substantially smaller than the old sizes,” the suit, filed in Queens County Supreme Court, alleges. “The increase in prices may never be noticed by Arby’s purchasers, who may be left only with a strange feeling, short of satiety, even though this was due to … downsizing.”

View this post on Instagram

A post shared by Arby's (@arbys)

Lawyers for Ridgewood resident Melissa Nelson discovered that Arby’s phased away its kids’ sized fries, making that portion the new small, the previous small the new medium, and the old medium the new large after comparing the nutritional data for its various sizes. Nelson aims to represent all New Yorkers who bought drinks and french fries at Arby’s throughout the state prior to the reduction in portion sizes.

Joseph Alongis of New York filed a similar lawsuit against the fast-food chain last month. The Russo Trial Lawyers represent him in his class action lawsuit.

Arby’s Is the Latest Fast-Food Restaurant at the Center of a Class Action Lawsuit

This isn’t the only class action lawsuit being faced by the fast-food industry. Last month, McDonald’s was at the center of a class action lawsuit after customers complained that they were being hit with a surcharge for orange juice.

A Santa Monica, California-based litigation firm called Top Class Actions is defending customers who claim that the fast-food juggernaut deceptively advertises its breakfast combos with images of orange juice for a set price, but then charges customers more for the juice. The plaintiffs contend that by adding a “hidden” surcharge, this approach violates consumer protection rules and causes customers to incur unanticipated costs.

In order to make McDonald’s responsible for its pricing and advertising strategies, the lawsuit seeks damages for affected consumers as well as changes to the way the business presents its morning menu.