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$5 Million Lawsuit Filed Against McDonald’s for Forcing Customers to Pay for Unwanted Cheese

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Two McDonald’s customers filed a class action lawsuit against McDonald’s for forcing them to pay for unwanted cheese on their Quarter Pounder with Cheese orders. According to the suit, McDonald’s used to offer four variations of the burger, with price differences ranging from 30 to 90 cents, largely based on whether cheese was present, but those options aren’t available now.

Kissner, of Broward County, Florida, and Werner, of Miami-Dada, allege that McDonald’s is now requiring them to pay for cheese even when they request it be removed from their Quarter Pounders.

When other versions of the burger were available, options without cheese could be purchased at a reduced cost. However, “at some point,” the fast food chain cut the number of variants to two: the Quarter Pounder with Cheese and the Double Quarter Pounder with Cheese.

While McDonald’s allows the two remaining Quarter Pounder variants on their restaurant menu to be customized to come without cheese, patrons still have to pay full price.

The lawsuit states, according to a report by the Daily Mail, that “to be able to purchase their desired product” – a Quarter Pounder without cheese – the customers “continue to be overcharged for these products” since they are “being forced to pay for two slices of cheese, which they do not want, order, or receive.”

Making the situation more complex is the fact that, through the McDonald’s mobile app, the option for a plain Quarter Pounder appears to be available. However, it isn’t listed on menu boards, according to the lawsuit.

The suit asserts that Kissner and Werner “have suffered injury as a result of their purchases because they were overcharged, and required to pay for cheese, which is not a component of either a Quarter Pounder or a Double Quarter Pounder, that they did not want and did not receive.”

Kissner and Werner’s lawyer, Andrew Lavin, states that since McDonald’s sold the plain Quarter Pounder along with a Quarter Pounder with Cheese variation for years, that shows that cheese is an add-on.

“Which is why they should not have to be compelled to pay for cheese when they don’t want it, especially when they do offer” a plan Quarter Pounder through the app, said Lavin.

McDonald’s has stated, “We do not believe the claims in this lawsuit have legal merit.”

The company also said, “The advertised Quarter Pounder burger comes with cheese. We try to accommodate our customers’ requests by allowing them to customize their orders, such as a Quarter Pounder with no cheese.”