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(Vice)   Couple sues Taco bell over being charge $2.18 more than the commercial advertised. Their lawyer is arguing the fine print (Prices may vary) is bait and switch   (vice.com) divider line
    More: Silly, Fraud, Pleading, New Jersey, Advertising, Plaintiff, Deception, Taco Bell commercial, Taco Bell  
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2472 clicks; posted to Main » on 17 Oct 2019 at 11:14 PM (4 years ago)   |   Favorite    |   share:  Copy Link



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2019-10-17 11:17:56 PM  
From the producers of "my $5 foot-long wasn't 12 inches".
 
Mock26  
Smartest (23)   Funniest (0)  
2019-10-17 11:19:31 PM  
Bunch of idiots. When they were overcharged they should have just cancelled their orders and walked away.
 
Dick Hammer  
Smartest (15)   Funniest (0)  
2019-10-17 11:23:57 PM  
Sad thing is they'll get a cash settlemnt just to make them stfu and go away. This is the trailerpark equivalent of patent-trolling.
 
Tenedos2  
Smartest (17)   Funniest (0)  
2019-10-17 11:24:39 PM  
...this is where they learn what the phrase "at participating restaurants" means...
 
2019-10-17 11:28:40 PM  
Fark user imageView Full Size

/yo no quiero mierda
 
Keys dude  
Smartest (2)   Funniest (0)  
2019-10-17 11:29:30 PM  
This is relevant to my interests because I just cut up peppers, cukes, tomatoes and have the cheese and salsa on standby. I am still debating whether to to start cooking the beef.
 
Iczer  
Smartest (5)   Funniest (1)  
2019-10-17 11:30:59 PM  

Rhino Jockey: [Fark user image 394x550]
/yo no quiero mierda


Hysterically I'm always charged a number that's not $2 for those. Then again I typically buy them from Winco so the price comes in at around $1.74 or something...

/go-to for nachos
 
Russ1642  
Smartest (11)   Funniest (0)  
2019-10-17 11:31:03 PM  

Singleballtheory: From the producers of "my $5 foot-long wasn't 12 inches".


Strictly defining units of measure is as much for commerce as it is for science and technology.
 
2019-10-17 11:31:07 PM  

Tenedos2: ...this is where they learn what the phrase "at participating restaurants" means...


Exactly. Franchises do not need to run the deals advertised. Most do for obvious reasons, but not all. Same reason why prices can be higher at airport & rest stops.
 
SlashBlot  
Smartest (2)   Funniest (0)  
2019-10-17 11:31:22 PM  

Dick Hammer: Sad thing is they'll get a cash settlemnt just to make them stfu and go away. This is the trailerpark equivalent of patent-trolling.


Exactly. They deserve some free cash...
/for their pain
//and suffering
 
2019-10-17 11:32:21 PM  

Tenedos2: ...this is where they learn what the phrase "at participating restaurants" means...


And yet, it is kinda bullshiat advertising. I mean, no doubt these 'non-participating' 'restaurants' benefit from Taco Bell's advertising. So, yeah, it sounds like a silly lawsuit, but maybe chains shouldn't be able to pull this shiat.
 
rkdutka  
Smartest (5)   Funniest (0)  
2019-10-17 11:32:33 PM  
Who greened an article with that grammar?

Shame.
 
2019-10-17 11:36:06 PM  
ME GUSTA SANTITAS!

/not bad for two bucks

 
Surool  
Smartest (6)   Funniest (0)  
2019-10-17 11:39:22 PM  
I hope they lose and have to pay the attorney $20,000.
 
2019-10-17 11:39:52 PM  
So they were each charged $6.06, $1.06 over the advertised price.

$1.06 X 2 = $2.12

Who fails at math?  The litigants or the reporter?
 
2019-10-17 11:39:53 PM  
taco bell should pay them off with 2 dollar bills.
 
dyhchong  
Smartest (16)   Funniest (0)  
2019-10-17 11:42:00 PM  
I'm totally on board with this, they obviously don't care about the money, they're just making a justifiable scene.

Our system here is that we have a body called the Commerce Commission that fields complaints like this. You make a complaint, and then you never hear about it again (unless they need more information from you, or the company gets a huge fine and it makes the media). You don't have to sue anyone or spend your time chasing something that isn't worth it to you, and the company gets fined by the government if the complaint is valid.

The bodies entire job is to ensure compliance and is great for scenarios like this where the individual isn't really affected, but collectively the lie could be worth millions of dollars to the company, encouraging them to intentionally apply lots of small dick moves.
 
shroom  
Smartest (12)   Funniest (0)  
2019-10-17 11:44:07 PM  

JerkfaceMcGee: Tenedos2: ...this is where they learn what the phrase "at participating restaurants" means...

Exactly. Franchises do not need to run the deals advertised. Most do for obvious reasons, but not all. Same reason why prices can be higher at airport & rest stops.


Some chains like Subway are 100% franchises.  Is your position that Subway should be allowed to run ads promising things that not a single location in the entire chain is obligated to honor?
 
broompooh [BareFark]  
Smartest (0)   Funniest (0)  
2019-10-17 11:45:47 PM  

What_Would_Jimi_Do: taco bell should pay them off with 2 dollar bills.


thank you  I wondered how long it would take
 
NINEv2  
Smartest (0)   Funniest (3)  
2019-10-17 11:46:48 PM  

AliceBToklasLives: Tenedos2: ...this is where they learn what the phrase "at participating restaurants" means...

And yet, it is kinda bullshiat advertising. I mean, no doubt these 'non-participating' 'restaurants' benefit from Taco Bell's advertising. So, yeah, it sounds like a silly lawsuit, but maybe chains shouldn't be able to pull this shiat.


Think of the bits we wouldn't have without that particular disclaimer.

Mitch Hedberg: "I'd like to be a stubborn ass McDonald's owner. 'Cheeseburgers? Nope! We got spaghetti! And blankets!'"
 
jtown  
Smartest (4)   Funniest (0)  
2019-10-17 11:50:23 PM  
They do that shiat where I live, too.  I solved it by not going there any more and by telling corporate why I don't go there any more.  I don't live in NYC, SF, AK, or HI so there's no excuse for the higher prices.  Fark those putos!
 
2019-10-17 11:50:41 PM  

Dick Hammer: Sad thing is they'll get a cash settlemnt just to make them stfu and go away. This is the trailerpark equivalent of patent-trolling.


I wish more companies would bite the bullet and take these types of lawsuits to court. One of my favorite stories from long ago when the RIAA got sue happy and started taking people like 80 year old grannies to court and filing suit against 7 year olds they targeted a billionaire claiming he had downloaded an artist he had never heard of before. The RIAA tried to drop the case once it was clear that it was bullshiat essentially saying "MY BAD" then whistling and walking away. Billionaire dude hired a team of lawyers and took their ass to court forcing the RIAA to settle out of court. When he was interviewed on the news the reporter asked if the settlement was worth the time and effort he put into the whole shiatshow and the millionaire dude said "I would have gladly spent billions on this."
 
2019-10-17 11:52:10 PM  

JerkfaceMcGee: Tenedos2: ...this is where they learn what the phrase "at participating restaurants" means...

Exactly. Franchises do not need to run the deals advertised. Most do for obvious reasons, but not all. Same reason why prices can be higher at airport & rest stops.


Well if they don't, then they should put a big sign out front to let everyone know that the price they saw on tv is not what they're going to be paying at this restaurant.
 
2019-10-17 11:53:15 PM  

Rhino Jockey: [Fark user image 394x550]
/yo no quiero mierda


Fark user imageView Full Size


Like popcorn but with nothing to get stuck in your teeth.

Though I've noticed the last couple times I've been shopping they've been hard to find.
 
2019-10-17 11:53:42 PM  
The KFC by my work charges $5.50 for the $5 boxes. I never go there, there are much better places close by that charge advertised prices. I dunno what makes that franchisee think he can charge extra.
 
styckx [OhFark]  
Smartest (3)   Funniest (0)  
2019-10-17 11:56:58 PM  
Fark: It's misleading to the majority but since the dollar amount is so low it's ok and the people suing are assholes!

/got it
 
gar1013  
Smartest (0)   Funniest (0)  
2019-10-18 12:01:08 AM  
Frivolous lawsuit.
 
KodosZardoz  
Smartest (3)   Funniest (10)  
2019-10-18 12:03:49 AM  
Fark user imageView Full Size

/oblig
 
abhorrent1  
Smartest (13)   Funniest (1)  
2019-10-18 12:11:44 AM  
"You can't tell someone you are going to charge them $5 in big bold print and then take it away with a fine print disclaimer," their attorney, Douglas Schwartz, said. "You can't do that. It's against the law."

Good. I don't know if what they're doing is legal or not but it shouldn't be.
I hate frivolous lawsuits but I also hate that these large companies can fark people over with impunity.
 
shroom  
Smartest (2)   Funniest (0)  
2019-10-18 12:25:02 AM  

gar1013: Frivolous lawsuit.


And why is that?
 
2019-10-18 12:27:15 AM  

abhorrent1: "You can't tell someone you are going to charge them $5 in big bold print and then take it away with a fine print disclaimer," their attorney, Douglas Schwartz, said. "You can't do that. It's against the law."

Good. I don't know if what they're doing is legal or not but it shouldn't be.
I hate frivolous lawsuits but I also hate that these large companies can fark people over with impunity.


......never try buying a car
 
2019-10-18 12:40:16 AM  

abhorrent1: "You can't tell someone you are going to charge them $5 in big bold print and then take it away with a fine print disclaimer," their attorney, Douglas Schwartz, said. "You can't do that. It's against the law."

Good. I don't know if what they're doing is legal or not but it shouldn't be.
I hate frivolous lawsuits but I also hate that these large companies can fark people over with impunity.


Completely agree. If you advertise it at a certain price, that should be the price you pay (plus tax of course).

It's no different than a supermarket like Kroger putting up an ad saying "cabbage for 29¢ a pound" (or whatever), then when you get to the store discover that they're "not participating" and their price is 39¢ a pound.

Many states have laws regarding this, and the grocer is required to sell the item at the advertised price (not counting for obvious pricing errors, like a $1,000 item being advertised for $10) - in those cases I believe the store has to put up a notice at the entrance stating the advertised price was an error and would not be honored.

Yet fast food places are perfectly free to advertise one price, even though no location has to honor it and can still charge whatever they want? That ain't right.

If I see an ad for Mario Maker 2 at Walmart for $59.99, I expect to be able to go to (any) Walmart and get it for $59.99.  Not $64.99, or $69.99.

I remember when Jack in the Box was advertising their tacos at 2 for 99¢. No store in my area had them at that price - cheapest was $1.19 (course now they're even more, usually $1.29). I still bought them of course. I'm addicted. :)
 
2019-10-18 12:42:29 AM  
There's some frivolity, but there's some serious big business bullshiat going on with their TV ad disclaimers. The text is typically unreadable and far too lengthy to be read in the time it's on screen.

I'm with the little guys here. If you can't make your disclaimers as clear as the promoted offer, maybe national advertising doesn't fit your business model.
 
abhorrent1  
Smartest (1)   Funniest (1)  
2019-10-18 12:44:33 AM  

Dumb-Ass-Monkey: abhorrent1: "You can't tell someone you are going to charge them $5 in big bold print and then take it away with a fine print disclaimer," their attorney, Douglas Schwartz, said. "You can't do that. It's against the law."

Good. I don't know if what they're doing is legal or not but it shouldn't be.
I hate frivolous lawsuits but I also hate that these large companies can fark people over with impunity.

......never try buying a car


That's not the same.  I can negotiate on the price of a car.
 
2019-10-18 12:47:43 AM  
I think it's a fair thing to complain about, by the sound of it, even if I doubt I'd run to court over it myself.
 
2019-10-18 12:55:35 AM  

EasilyDistracted: So they were each charged $6.06, $1.06 over the advertised price.

$1.06 X 2 = $2.12

Who fails at math?  The litigants or the reporter?


If a pencil and eraser together cost $1.10 and the pencil cost $1 more than the eraser, how much did the eraser cost?
 
2019-10-18 1:01:46 AM  

Jeebus Saves: JerkfaceMcGee: Tenedos2: ...this is where they learn what the phrase "at participating restaurants" means...

Exactly. Franchises do not need to run the deals advertised. Most do for obvious reasons, but not all. Same reason why prices can be higher at airport & rest stops.

Well if they don't, then they should put a big sign out front to let everyone know that the price they saw on tv is not what they're going to be paying at this restaurant.


Like this?

cms.qz.comView Full Size
 
2019-10-18 1:34:53 AM  

abhorrent1: Dumb-Ass-Monkey: abhorrent1: "You can't tell someone you are going to charge them $5 in big bold print and then take it away with a fine print disclaimer," their attorney, Douglas Schwartz, said. "You can't do that. It's against the law."

Good. I don't know if what they're doing is legal or not but it shouldn't be.
I hate frivolous lawsuits but I also hate that these large companies can fark people over with impunity.

......never try buying a car

That's not the same.  I can negotiate on the price of a car.


If you're slick enough you can negotiate at Taco Bell too.
 
2019-10-18 1:54:46 AM  

HYSTERICAL SHRIEKING: EasilyDistracted: So they were each charged $6.06, $1.06 over the advertised price.

$1.06 X 2 = $2.12

Who fails at math?  The litigants or the reporter?

If a pencil and eraser together cost $1.10 and the pencil cost $1 more than the eraser, how much did the eraser cost?


Fark user imageView Full Size
 
smokewon  
Smartest (0)   Funniest (0)  
2019-10-18 1:58:15 AM  
I had completely forgotten about those five dollar boxes until now.


Huh.
 
2019-10-18 2:52:18 AM  

Monkeyfark Ridiculous: HYSTERICAL SHRIEKING: EasilyDistracted: So they were each charged $6.06, $1.06 over the advertised price.

$1.06 X 2 = $2.12

Who fails at math?  The litigants or the reporter?

If a pencil and eraser together cost $1.10 and the pencil cost $1 more than the eraser, how much did the eraser cost?

[Fark user image 300x168]


Once day in high school I had a nasty cold and was out of dayquil so I took some nyquil in the morning.  That was basically me in math class.  The teacher could tell I wasn't paying attention and asked me something stupid, like what's 7x5, and that was more or less my response.  It was not one of my finer moments.
 
2019-10-18 3:28:22 AM  
The disclaimer's text had so little contast as to be unreadable given its tiny font size and all-to-brief duration.

This is intentional fraud, pure and simple.  Good for them for being willing to go through the trouble of taking Taco Bell to court instead of merely walking out.  Bait and switch with unreadable disclaimers should not be tolerated.  Fraud is still fraud when the bill is small.  Fraud is still fraud no matter how easy it should be seen through. And saying "A" with a "not A" buried in the disclaimers should never be kosher.
 
2019-10-18 3:28:39 AM  
Taco Bell should refund the litigants $2.12
The litigants should refund Taco Bell lawyer fees.
 
2019-10-18 3:35:13 AM  
GrailOfThunder:   I remember when Jack in the Box was advertising their tacos at 2 for 99¢. No store in my area had them at that price - cheapest was $1.19 (course now they're even more, usually $1.29). I still bought them of course. I'm addicted. :)

Franchise would be the key defining concept here.  Unless you run with a very restrictive franchise contract setup, you in fact cannot guarantee that all stores will participate in your promotion.  You quite literally have no legal way to force them to do so as the franchising company.  Being a franchisee gives you certain legal rights that direct subsidiaries do not have, and deciding what to participate in and what not too promotions-wise is one of them.

It's not terribly optional.  If you demand certain aspects of control over your stores, they're going to be ruled branches not franchises, and the law will treat them that way.  Which means no charging people money to buy a store, no charging them for supplies, no charging them for every other damn thing you can come up with... in other words a real groin kick for the fast food system's cash cow.  Not gonna happen.

It's a lot like the, "Are they an independent contractor or an employee?" game.  If your franchisees are doing things like paying you for locations, training, and supplies, they're a contractor - and have the right ascribed to franchise operators.  If not, they're an employee, and you can't soak them for all that shiat.  This is why they do what they do - and why it's entirely different from say a grocery store - which is generally wholly owned.

/although Kroger for example does franchise some of their convenience store-type locations
//they don't do so with their actual grocery stores
///not aware of anyone else that does either, there's a lot going on in grocery that would make franchise a tough fit
 
2019-10-18 3:39:59 AM  

AlgaeRancher: Taco Bell should refund the litigants $2.12
The litigants should refund Taco Bell lawyer fees.


Why should Taco Bell refund them anything?  There's a huge farking sign that shows the price.  They had every opportunity to ask what the price is, or whether the promotion is honored there before ordering (which is a good idea anyway because promotions end).  They had every opportunity to cancel their order when the price came out higher than expected.  This is staged.  I suspect that they went around to different Taco Bell locations until they found one that didn't honor the promotion just so that they could have their 15 minutes of fame and try to force an out of court settlement.  IMHO they're at about the same level as people who intentionally go around during a snowstorm and look for icy sidewalks to slip and fall on.

So they get nothing, they lose!  Good day sir!
 
MagSeven  
Smartest (1)   Funniest (0)  
2019-10-18 3:40:21 AM  
Fark these people and ban them from Taco Bell. For life! No more Tbell for them ever. And if you are caught assisting them in getting Taco Bell, then the same for you.
 
2019-10-18 3:43:31 AM  

MagSeven: Fark these people and ban them from Taco Bell. For life! No more Tbell for them ever. And if you are caught assisting them in getting Taco Bell, then the same for you.


Is that supposed to be a punishment?
 
2019-10-18 3:50:07 AM  

HYSTERICAL SHRIEKING: MagSeven: Fark these people and ban them from Taco Bell. For life! No more Tbell for them ever. And if you are caught assisting them in getting Taco Bell, then the same for you.

Is that supposed to be a punishment?


Yes. For the all the Taco Bells that will have to keep a picture of this douchebag couple with the caption "DO NOT SERVE" handy. I'm sure they'll be super vigilant about that.
 
MagSeven  
Smartest (0)   Funniest (0)  
2019-10-18 3:53:13 AM  

HYSTERICAL SHRIEKING: MagSeven: Fark these people and ban them from Taco Bell. For life! No more Tbell for them ever. And if you are caught assisting them in getting Taco Bell, then the same for you.

Is that supposed to be a punishment?


I still love their meximelts. I need at least one a month or I get punchy.
 
Mr. Do  
Smartest (2)   Funniest (0)  
2019-10-18 3:55:35 AM  

HYSTERICAL SHRIEKING: EasilyDistracted: So they were each charged $6.06, $1.06 over the advertised price.

$1.06 X 2 = $2.12

Who fails at math?  The litigants or the reporter?

If a pencil and eraser together cost $1.10 and the pencil cost $1 more than the eraser, how much did the eraser cost?



x + (x+1) = $1.10
2x + 1 = $1.10
2x + 1 + (-1) = $1.10 + (-1)
2x = $0.10
2x/2 = $0.10/2
x = $0.05

Eraser was $0.05.

/as I scroll through FARK at 1am
 
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