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Someone Just Sued McDonald's For Putting Cheese On Their Quarter-Pounder

Spoon University logo Spoon University 5/24/2018 Stephanie Zajac

a close up of food on a plate: McDonald's sweet chocolate © Alex Frank McDonald's sweet chocolate Going to McDonald's as a picky eater is tough. Regardless of how many times you stress "NO CHEESE" or "extra, EXTRA pickles," they just can't seem to get it right every time. It often goes unnoticed or marked as a minor inconvenience because after all, you're only forking a few bucks for your sub-par meal.

Some people take their fast food more seriously than others, which is why it's not exactly surprising that two unsatisfied customers are filing a lawsuit after finding cheese on their burgers. I guess you could say they've got [beef] with McDonald's.

The Plaintiff

a close up of a sign: McDonald's cake © Alex Frank McDonald's cake

Two Florida residents, Cynthia Kissner and Leonard Werner, had one too many cheese slices on their burger when they wanted it plain. So they did as any reasonable person would do... Just kidding, they didn't. They took it to court. 

Leonard Werner was the instigator. He allegedly stopped wanting cheese on his Quarter Pounders for dietary reasons. (And a cheese-less Quarter Pounder is that much better?!) After making the switch to plain burgers, he was upset that he was still being charged the same amount. 

At the drive-through window, the options are listed as: Quarter Pounder with Cheese ($4.19) and Double Quarter Pounder with Cheese ($6.19). The McDonald's app allows for customizing, but Werner felt compelled to purchase the burger with cheese and was distressed that he had to remove it without a price deduction. He took his complaints to a lawyer, and the lawsuit was put into action.

The Lawsuit

a drawing of a face: McDonald's juice sweet © Alex Frank McDonald's juice sweet

A man by the name of Andrew Lavin decided to file this lawsuit. To give you any insight about his profile, a simple Google search will tell you he's only been reviewed once, likely by this cheese-hating dream team.  

He busted out his big boy work to find out that the cheese costs a cool .20-.40 cents extra. In Lavin's eyes, this was enough for a lawsuit. He came up with a 32-page lawsuit, claiming that the plaintiffs "suffered injury" because they were "overcharged." 

Lavin also claimed that McDonald's violated the anti-trust laws by not explicitly stating that cheese comes on the Quarter Pounders. The argument was that they were "overcharged and compelled to pay for unwanted cheese."

The Defendant

a close up of food on a plate: McDonald's sweet chocolate © Alex Frank McDonald's sweet chocolate

If you thought this fast food empire would be jolted about the lawsuit, think again. McDonald's is cool, calm, and collected — perhaps a bit humored as well. In fact, the company addressed the lawsuit in an email saying, "We do not believe the claims in this lawsuit have legal merit." OUCH!

McDonald's also has some steam in its engine: the company allows orders to be customized and encourages its customers to do so through the app. "The advertised Quarter Pounder burger comes with cheese. We try to accommodate our customers' requests by allowing them to customize their orders." 

McDonald's may allow its customers to add or remove certain items, but keep in mind: the Quarter Pounder is advertised as a quarter-pound beef patty served with two slices of American cheese, slivered onions, and tangy pickles on a sesame seed bun. Customize it however you want, but you're charged for the entire order. Sounds pretty fair, right?

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