Waffle House Uses False Former Prices to Advertise All-Star Special Breakfast Combos, Class Action Says

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A proposed class action alleges Waffle House deceptively uses a false strikethrough price to convince consumers that they are getting a deal on certain All-Star Special breakfast combos.

The nine-page suit out of Florida says that although Waffle House implies that its breakfast combos—which include two eggs with toast and either grits, hash browns or sliced tomatoes; a waffle; and bacon, sausage or ham—formerly cost $13.25 and are now available for $10, this is false in that the items were not previously sold for $13.25. 

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By listing a false $13.25 reference price, Waffle House, who runs more than 1,900 restaurants nationwide, primarily in southern states, has deprived consumers of the bargain they believed they were getting, the lawsuit argues. Per the case, consumers are “not receiving the unusual value they expect” since the meal’s regular price is $10, not $13.25. In truth, the $13.25 former price is based on the total price of the toast, eggs and grits, hash browns or tomatoes; waffle; and bacon, sausage or ham sold separately, the suit says. 

“To the extent any savings or value is alleged through the savings of $3.25 or 32% when the All-Star Special is purchased at $10.00, this is a false bargain based on the purchase of other merchandise,” the filing relays. 

According to the complaint, a consumer is enticed to buy the All-Star Special at Waffle House based on the belief that it formerly cost $13.25 and now costs more than $3 less. However, because the meal was never sold for $13.25, there is “no legitimate basis for advertising a price comparison,” and the meal is “not the bargain or value customers expect,” the case stresses. 

The lawsuit looks to cover all consumers in Florida, Texas, Kentucky, Louisiana, Oklahoma, Mississippi, Virginia, Arkansas, Alabama and Arizona who bought an All-Star Special breakfast combo at Waffle House that was advertised as previously sold for $13.25. 

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