Buffalo Wild Wings Hit with Class Action Over ‘Hidden’ Carryout Fee

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A proposed class action claims Buffalo Wild Wings has failed to disclose that each carryout order is subject to a $0.99 “takeout service fee.” 

The 17-page case contends that Buffalo Wild Wings and parent company Inspire Brands have been “deceptive and untruthful” with regard to the menu prices shared with consumers, who don’t learn until after selecting menu items and placing a carryout order that they’ll have to pay the $0.99 “takeout service fee.” 

“This late addition of a so-called Takeout Service Fee on receipts substantially changes the menu prices for takeout food items and disguises the true cost of those items,” the complaint argues. 

Worse, the lawsuit says, the description of the additional charge as a “takeout service fee” is “a misnomer and a deception” in that the $0.99 fee is not related to any extra service provided by Buffalo Wild Wings. As the suit tells it, the restaurant has owned up to the fact that the “takeout service fee” is not tied to the provision of any service, stating online that the charge “helps us operate our takeout business.” 

“The ‘operation of a business’ is, of course, a basic component of any price offered by a business. In sum, Buffalo Wild Wings admits the ‘Takeout Service Fee’ is simply part of the cost of its food.” 

Ultimately, Buffalo Wild Wings has surreptitiously inflated its food prices by tacking onto carryout orders the “takeout service fee,” the case says. Because the charge is added as a matter of course to all carryout orders, it is by definition part of the cost of the food offered for sale, the lawsuit argues. 

“Buffalo Wild Wings is imposing a stealth price hike in the form of [the] late-added fee, rather than charging a list price that reflects the actual cost to consumers of the food it sells,” the complaint accuses. 

According to the suit, “[n]o other similar chain” imposes a “similar deception” on customers, giving Buffalo Wild Wings an unfair advantage over others in the industry and preventing consumers from being able to shop meaningfully. The case says that the Buffalo Wild Wings takeout fee has “drawn the attention and ire of customers across the country,” many of whom have complained online about the hidden charge. 

“Hundreds of thousands of Buffalo Wild Wings customers like Plaintiff have been charged more for food than the prices listed on Buffalo Wild Wings menus—prices they did not bargain for,” the filing alleges. 

The lawsuit looks to cover all consumers who, within the applicable statute of limitations period, made a takeout purchase from a Buffalo Wild Wings restaurant and were charged a “takeout service fee.”

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