A regular Dunkin’ customer says the company secretly overcharges people through its mobile app when they order add-ons to items including bagels and beverages.
Now, he’s brought the issue to federal court.
Martin Kelledy, of Boston, doesn’t plan to stop ordering off of Dunkin’s mobile app but is suing the company for “unfairly and deceptively” overcharging him and thousands of other customers, according to his class-action lawsuit filed March 22.
He says Dunkin’s mobile app doesn’t disclose extra charges for add-ons such as cream cheese or butter packets added to a bagel, according to a complaint. Because of this, he doesn’t know how many times he’s paid extra for such add-ons.
On one occasion, when Kelledy ordered a toasted everything bagel with plain cream cheese for $3.09 and a large iced coffee for $3.69, his order sub-total should’ve been $6.78 prior to taxes on Dunkin’ mobile app, the complaint says.
Instead, he saw a subtotal of $8.03 before taxes — leading him to discover he was charged $1.25 extra, according to the complaint.
McClatchy News contacted Dunkin’ for comment on the lawsuit on March 28 and didn’t immediately receive a response.
Kelledy argues that additional charges for items “should not simply be inserted, without notice, into the sub-total charge” in the complaint.
When it comes to ordering on Dunkin’s mobile app, menu items and prices may vary depending on the store’s location and franchisee, according to the company’s terms and conditions.
Kelledy says some Dunkin’ locations he has ordered from don’t charge extra for add-ons.
“Without price charges specifically linked to the item in the Mobile Application, customers cannot know that they will be charged for those Add-Ons or what they will actually be charged,” the complaint says.
Extra, undisclosed charges for butter and whipped cream
When Kelledy has ordered a bagel for $1.99 with butter or a butter substitute, the mobile app doesn’t indicate when an extra charge is being added, according to the complaint.
On one occasion, Kelledy says the mobile app secretly charged him $0.25 for butter to be added to his bagel, the complaint says. During a separate occasion, Kelledy wasn’t charged extra for a butter add-on, according to the complaint.
The extra charges aren’t exclusive to butter or cream cheese and can also occur when whipped cream is added to an order, the complaint says.
An example included in Kelledy’s complaint shows whipped cream added to a frozen hot chocolate costing an extra $0.50 “with no notice given,” according to the complaint.
Prior to filing the lawsuit, Kelledy says Dunkin’ has denied responsibility for the undisclosed charges and hasn’t reimbursed him.
While Kelledy continues to use the Dunkin’ app out of convenience and to rack up Dunkin’ rewards for future discounts, he keeps facing overcharges, the complaint says.
With the lawsuit, Kelledy wants Dunkin’ to put an end to its “deceptive and unfair pricing,” according to the complaint. He also aims to push the company to start notifying customers of extra charges for add-ons on its mobile app.
He’s demanding a trial by jury and seeking damages for himself and other affected customers.