Class Action Claims Domino’s Charges More Than Advertised for ‘Mix & Match’ Deal
by Erin Shaak
Traer v. Domino’s Pizza LLC et al.
Filed: July 30, 2021 ◆§ 2:21-cv-06187
A class action alleges Domino’s has falsely represented its “Mix & Match” deal by charging more per product than advertised.
A proposed class action alleges Domino’s has falsely advertised its “Mix & Match” deal by representing that the products sold as part of the deal will cost only $5.99 each while actually charging a higher price for the items.
Per the 25-page case, filed July 30 in California federal court, consumers have been deceived by Domino’s representations about the Mix & Match deal—which purportedly allows customers to “CHOOSE ANY 2 OR MORE $599 EACH”—and have unknowingly paid more than they expected for foods purchased as part of the deal.
“Defendants knew or should have known that they were overcharging consumers that made purchases under the Mix and Match deal,” the complaint attests. “Defendants’ representations, warranties, and statements regarding the Mix and Match deal are false and misleading to a reasonable consumer, because Defendants charge more than the advertised pricing of $5.99 per item under the Mix and Match deal.”
The lawsuit alleges the defendants—Domino’s Pizza LLC; Domino’s Pizza, Inc.; and an individual who operates Domino’s pizza stores in California under the names Salmex Pizza, Inc.; Salmar Pizza, Inc.; JP Pizza, Inc.; and Gafe Pizza Inc.—are well aware that the pizza chain’s Mix & Match deal generates additional demand from customers seeking a bargain.
Per the suit, Domino’s advertisements represent that prospective customers can purchase two or more items from a selected list of products, including “broad categories” of two-topping pizzas, salads, breads, cookies, pastas and chicken, at a price of $5.99 per product, excluding taxes. Contrary to defendants’ representations and consumers’ expectations, however, Domino’s charges more than $5.99 per product for items purchased under the purported deal, the case alleges.
As such, the defendants’ advertisements regarding the Mix & Match deal are “false and/or misleading” and have financially harmed unknowing consumers who relied on Domino’s advertising without checking their receipts to verify whether the deal was applied.
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