A Dorchester man who says the Dunkin' mobile app sometimes adds unexpected overcharges for everything from cream cheese on his bagels to whipped cream on his frozen hot chocolate has filed what he hopes will be a class-action suit against the company.
In his suit, filed in US District Court in Boston, Martin Kelledy says he was shocked to learn, on April 23, 2022, that when he used the app to order a Large Original Blend Iced Coffee, with a listed price of $3.69, and an Everything Bagel (with Plain Cream Cheese) with a listed price of $3.09, for what should have been a pre-tax total of $6.78, the app instead insisted he pay $8.03 - plus tax on that amount, rather than on $6.78.
The imposition of this Undisclosed Charge has resulted in Mr. Kelledy paying an unknown extra amount of money, through the Dunkin’ Mobile Application, to an unknown number of Dunkin’ stores, on an unknown number of occasions. ...
Because of the organization and operation of the Mobile Application, Mr. Kelledy may not know what qualifies as a free Add-On, or whether he is being charged for an Add-On, how he will be charged for the Add-On, or how much he will be charged, when making a specific purchase.
He alleges the app often makes similar - if lower-priced - additions for butter on bagels and for whipped cream on frozen hot chocolate.
Now compound that by all the other people using the app and you've got a class action worth more than $5 million in unwanted charges, he alleges, adding the practice violates Massachusetts pricing law.
[T]he Undisclosed Charge was systematically included in all consumers’ purchases of such bagels with plain cream cheese, when those items were purchased through the Mobile Application in, upon information and belief, hundreds of Dunkin' stores throughout the United States.