Shake Shack Lawsuit Filed Over Allegedly Hidden Service, Delivery Fees Online

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A proposed class action lawsuit alleges Shake Shack illegally charges hidden fees when customers use its website or app to order food.

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According to the 15-page lawsuit, the burger chain waits until the very last step in the online purchasing process to disclose so-called “junk fees” that “drastically” raise its initially advertised prices.

The suit contends that hundreds of thousands of Shake Shack customers have been assessed these surprise charges, which include a “service fee” and, for delivery orders, a “courier fee.” Per the case, the defendant’s courier fee is charged on top of its advertised $1.99 delivery fee.

“By unfairly obscuring its true costs, Shake Shack deceives consumers and gains an unfair upper hand on competitors that fairly disclose their true prices and fees,” the complaint asserts.

The filing alleges Shake Shack’s deceptive “drip pricing” practices violate a California law requiring companies to transparently disclose the total price they charge consumers, including any fees.

The plaintiff, a Los Angeles resident, claims that as she went through ShakeShack.com’s multi-step checkout process in November 2024, the website repeatedly informed her that her cart total was $21.67. It wasn’t until the consumer reached the final payment screen that she was told a $2.17 service fee and $3 courier fee would be tacked onto her purchase, the Shake Shack lawsuit alleges.

The woman claims she and other customers would not have ordered online from Shake Shack had they known the restaurant misrepresents the actual costs of its food and delivery service.

The lawsuit looks to represent all consumers in California who, during the applicable statute of limitations period, ordered food through ShakeShack.com or the Shake Shack app and were assessed a so-called “courier fee” and/or “service fee.”

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