James Gertie is essentially suing an Illinois McDonald’s franchisee over 41 cents.
That’s the price difference the Chicago-area man says an “extra value meal” for two cheeseburgers costs consumers over purchasing the sandwiches, fries and drink separately. Mr. Gertie’s lawsuit names both the McDonald’s Corporation and local franchisee Karis Management Company, which owns the locations where Mr. Gertie claims he was overcharged.
“Gertie and his lawyers have asked the court to expand their lawsuit to a class action, to potentially include hundreds of others who may have purchased the cheeseburger meals at Karis’ locations, including the restaurants in Des Plaines and Niles and others in Wheeling, Antioch, Grayslake and Volo,” The Cook County Record reported on Dec. 16.
Mr. Gertie is represented by Markoff Leinberger LLC, a Chicago law firm that specializes in consumer fraud and false advertising lawsuits.
“Many consumer fraud cases in the state of Illinois are covered under the Illinois Consumer Fraud and Deceptive Business Practices Act (commonly referred to as the Consumer Fraud Act),” the firm’s website notes. “The Consumer Fraud Act provides a broad interpretation of what constitutes deceptive conduct. It not only covers intentionally deceptive behavior, but also careless representations and omissions which make it likely that a consumer will be confused.”
“You do not need to prove that a business intended to violate the law in order to recover compensation under the Consumer Fraud Act. You simply must demonstrate that a section of the law has been violated,” according to Markoff Leinberger’s website.
In addition to a refund on all overcharges, Mr. Gertie and his attorneys are asking for punitive damages and attorney’s fees, the Cook County Record said.