FORT LAUDERDALE, FL (RNN) – Two McDonald's customers from Florida are suing the fast food chain for at least $5 million after they say they have had to pay for cheese they don't want on their Quarter Pounder sandwiches.
According to a class-action lawsuit filed May 8 in Fort Lauderdale, FL, federal court, Cynthia Kissner and Leonard Werner say they "have suffered injury" because they were "overcharged and were required to pay for cheese… that they did not want and did not receive," the Miami Herald reports.
Filed by lawyer Andrew Lavin, the lawsuit says McDonald's used to sell both Quarter Pounders and Double Quarter Pounders with and without cheese.
The sandwiches with cheese cost about 30 to 90 cents more than those without.
McDonald's has since stopped "separately displaying these products for purchase on the menu," the lawsuit says, claiming only the Quarter Pounder with cheese and the Double Quarter Pounder with cheese are listed as available.
Kissner and Werner say because of this, they have had to pay the price of the sandwich with cheese when they want it without cheese.
The lawsuit claims "McDonald's is being unjustly enriched by these practices because it receives payment for cheese it does not deliver to its customers," according to the Miami Herald.
In addition, Lavin says customers who use the McDonald's mobile app can still purchase a Quarter Pounder without cheese – for the cheaper price – but at physical restaurants, the option is not available.
Because of the two options – one with cheese and the other without – Lavin says the cheese is clearly something "added to the base product." The lawsuit also notes the sandwich was trademarked in 1975 with no cheese listed in the ingredients, according to USA Today.
"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 it in other means," Lavin said.
The lawsuit calls the situation deceptive and misleading, USA Today reports.
McDonald's said in an email to USA Today that the company does "not believe the claims in this lawsuit have legal merit."
"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," the company said.