Speedy drive-thru lanes and popular sandwich sauces are two of the more positive things Chick-fil-A is known for. Its weekend hours and political leanings? Not so much. Now, a new downside to America’s top fast food chicken chain has emerged: Chick-fil-A has settled a class action lawsuit alleging the company imposed sneaky delivery fees on customers. Though Chick-fil-A does not admit guilt, the settlement totals $4.4 million.
A complaint was filed earlier this month in a federal court in Georgia against Chick-fil-A, which the filing alleges took advantage of customers during the COVID-19 pandemic by charging hidden delivery fees. During this time, the fast food chain advertised itself to customers as having either free delivery or low-cost delivery fees of either $2.99 or $3.99.
However, plaintiffs in the class action lawsuit argue that since Chick-fil-A marks up certain menu items for delivery orders only, this negates the promise of “free” or “low-cost” delivery by simply building those fees into the base price. Customers who ordered delivery might not have been aware that the prices were higher for delivery orders than pickup orders.
“Chick-fil-A secretly marks up food prices for delivery orders by a hefty 25-30%,” reads the complaint in part. “In other words, the identical order of a 30-count chicken nuggets costs approximately $5-6 more when ordered for delivery than when ordered via the same mobile app for pickup, or when ordered in-store.”
The lawsuit goes on to allege that the chain knew customers would be confused by the delivery markups and chose not to inform them, therefore leading consumers to make a purchase they might not have otherwise made.
Chick-fil-A has now agreed to a settlement of $4.4 million, but did not admit any guilt in the proceedings. This is on the heels of a recent class action suit against Panda Express, which similarly accused that chain of misleading consumers during the pandemic by charging hidden delivery fees. A settlement was reached in that case totaling $1.4 million, though Panda Express, like Chick-fil-A, did not admit any guilt. The settlement will take the form of both cash and voucher payments, and customers still have time to file a claim.
How to get money (or a gift card) from Chick-fil-A
The Chick-fil-A settlement includes a $1.45 million cash fund and $2.95 million gift card fund. This has the potential to affect many customers, provided they meet the requirements.
Chick-fil-A agreed to place a notice on its website and to provide email addresses to the settlement administrator so that potential class action members can be informed directly. Keep an eye on your inbox to find out if you’re eligible to receive a portion of the settlement.
Those who do meet the settlement requirements can expect to receive a $29.25 cash payment or $29.25 gift card, but if the $4.4 million fund is not enough to fulfill all the claims, the settlement will instead be doled out proportionately. The claim form is not yet open, but when it does go live potential class action members will need to provide their name, email address, phone number, and certification that they are in fact eligible to receive the settlement.
By the way, the fees mentioned in the lawsuit are still in play, and Chick-fil-A does not plan to remove them. Instead, the brand agreed to add a disclaimer to its app and website to inform customers that product prices may be higher for delivery orders. Always peruse the menu with an eagle eye.