ARBY'S IS GETTING SUED!!! (LOL) | Lawyer Reacts

welcome back to the attorney Tom uh I don't know what this is but Arby's was sued Tom is obsessed with Arby's we know this and uh he's back doing content again I just I as a connoisseur of fast food I just don't like it when the entire fast food industry is brought down by Arby's because I think it's disgusting yeah have you eaten there before yes it's been a long time okay we don't think he's eaten there we think that's a it's a conspiracy we have in the office it's very strange Tom's behavior is very strange this is Melissa Nelson individually and on behalf of all others similarly situated meaning she's trying to get class certification yep versus RB's Restaurant Group Incorporated again filed in the Supreme Court state of New York County of Queens so filed in Queens New York One Step removed from shrinkflation is greed flation where a company raises prices beyond what is necessary to account for Rising prices selling what appears to be similar quantities or amounts of product to the public what do you think about that fre inflation uh I mean I don't doubt that that's a real thing I feel like proving that especially in the fast food industry where variance is so again I don't even know read most based on information and belief and investigation of council one has resized its french fries so that the kid size was now small shown below the small became medium and the medium became large without any correspondence reduction in price and or without conspicuous or any disclosure to its consumers in such allegations are likely to have support following the opportunity for reasonable Discovery so what they're saying is the small size kid size became the small size medium wait my brain hurts what they're saying we get it all the sizes got moved down the large fries don't exist anymore the new large fries are formerly the medium fries which aside from lawsuit I think people eating Arby's they could benefit from this just in general yeah no I actually agree with that I think this is a net positive yeah I don't know if charged as much for them but I mean people that if you're eating Arby's you do need to eat less food I think that's a yeah so look we're looking at the fries here we have a little bit of chart that they're showing how they've just skewed everything over but what statute here's what I want to know this is I I'm going to skip I'm going to the causes of act that's what I want to see cause of action General business law section 349 and 350 to the extent required this section incorporates by reference any other paragraphs as necessary the purpose of the GPL is to protect consumers against unfair and deceptive practices the GBL was intentionally brought to Encompass methods of deception which could not be conceived at the time it was enacted so the GBL sounds like uh New York's version of deceptive trade practice like the dtpa in Texas it is purposely broad because you can't enumerate you can't make a law that says RVs cannot change the size of their fries and then rename it and shrink flation it you can't specifically enumerate all of these little things so I think the big thing here is uh the de the purposeful deception cuz they are allowed to but if they change it and they still call it the same thing and just that's right three weeks ago a large is now different that's right same price that is deceptive right I mean that would be the argument because somebody goes to Arby's regularly and they get a large is a large they're paying the same amount but then suddenly without getting notice it's not illegal to change your portions per se but what does the consumer believe they're getting yeah and that's what Melissa's arguing huh yeah plaintiff paid more than she would have paid had she known she was buying a smaller quantity of french fries and beverages but not at a proportionally lower price that is the deal all right let's keep go up I want to see what she's no no no no you're right there uh okay what she's trying to recover PL seeks to recover economic injury and or the loss she sustained so I mean that look she's doing this at a principle yeah I mean let's call spade a spade um and by the way this is actually a serious topic her actual economic injury is probably just a few dollars but she's trying to get class certification

meaning she's trying to represent not only herself but the entire class of individuals who are harm at first blush this is where the trolls come out and they say oh greedy class action lawyers what good does this serve this lady lost a couple dollars she's going to sue and Arby's is going to have to defend this frivolous lawsuit blah blah they could not be further from the truth when you sue has a class action you're basically acting as a private attorney general you're preventing these sort of Min scams from happening because if I was a company and I knew that if I didn't make it economically viable for somebody to sue me I would just nickel and dime scam people to death because you're not going to go the reality is these lawyers nobody's going to go hire a lawyer for 900200 bucks an hour to go prosecute this case to go get your $7 back but if the lawyers have a vehicle where they can act on behalf of all consumers take on the risk themselves mean front their time expenses effort into the case Sue on behalf of all the affected consumers and then take a percentage of what they recover which is generally 25 to 33% on class actions just depends on what the court approves then it's a win for everybody for any more trolls out there you should read a book it's called the conservative case for class actions is written by a I forget his name but I met him at the American anti trust institution he was a speaker there he's not a member there cuz he probably disagrees with the AI the thesis of that book is class actions are great there's a direct correlation between economic productivity and litigiousness of the marketplace why because these greedy companies because companies know they can't put out bad products into the marketplace or they will be sued this can be a long video all right so I think there's only one cause of action General business law so it's a state specific claim so they're going they're not trying to sue on a nationwide class get everybody who is affected by this across the country it sounds like it's just consumers in New York and maybe we can go find the class definition down here okay here we go the following class is what I was looking for all persons in New York who purchased french fries and beverages at Arby's in New York who had previously purchased french fries and beverages before size were adjusted downwards during the statute of limitations for each cause faction yeah so this is like I thought a pretty narrow class they're not going for Nationwide classes isn't just some every person who's ever been to Arby's ever these are people in New York who have bought these products who had previously bought these products so like for me if I went to RBS and I bought these products I would not be part of this class because I had not purchased RBS in New York in the relevant statute of limitations right interesting I like the case I'm obviously biased I don't know if this was a case that my Law Firm would do it seems kind of on the smaller end of what ekm would handle for a lot of reasons I mean not just that that's the case is small but obviously it being in New York I'm probably conflicted out because of uh Arby's no I'm not actually conflicted out but you get the point so there you go so there's one case should we talk about the other case um what is the other one so that one was the shrink flation yeah shrink flation the other one is false advertising which is similar which goes into the this one yeah we can talk about this one real quick I think yeah so hold on let's figure out where this case is filed also in the eastern district of New York I wonder if this is the same lawyers hold I'm going to go down Anthony Russo nope different lawyers Arby's catching Strays from a bunch of people what do you think about this so I mean the idea is just that does it offend you explained I mean that food does look disgusting but what is what's explain the false advertising to us all right well let's take it from the factual allegations this is a class action against Arby's for unfair deceptive trade practices for selling overstated menu items based on materially false and misleading advertisements concerning the amount and quality of the meat contained therein so amount quality sounds like they might join the class on the other shrink flation for the amount Arby's uses photographs in advertisements that make it appear that the overstated menu items contain approximately 100% more meat than what the actual sandwiches do Arby's does this by placing all of the meat in a sandwich used for photo shoot to the front of the sandwich and positioning the meat with props so that it appears to be much larger in size than the actual sandwich provided to customers Arby's also deceptively misrepresents

the quality of its Roast Beef in its advertisements for the overstated menu items that it shows that the meat as rare roast beef in its advertisements when the roast beef regularly served to customers is not rare roast beef for example Harby's advertisement for the classic roast beef sandwich looks as follows when compared to the actual item provided so with ar will say hey it's the same amount ount of meat but as we've learned from the allegation allegedly that it might technically be the same amount of meat but that that's some trickery by positioning it up to the front I wish you could sue I mean I guess they said rare cuz it does look like it's a little r but I wish you could they could sue and just I know this isn't lawyer but if you just said hey it just actually is pretty gross this is just bad food but then I guess like White Castle getting sued uh yeah everybody's getting long let's be real I mean that looks I don't like to look at that is that bread oh that's the bread wow that is a lot less meat yeah that was cheese well they what Arby would say it's the same amount of meat but I mean if we can just peel back the four wall yeah the curtain the beef curtain yeah can't say that probably uh I think that's slang for uh females privates no don't know if that's the brand you're going for there look at look who's the lawyer now look who's the pr specialist double beef and honestly the left looks just as disgusting as the right I don't think I honestly don't see any difference I don't think so I think if you got that one on the left you'd think that's okay the one on the right though what even is that what's on the bun half pound beef and cheddar golly who I wonder how many people have eaten that half bound beef and cheddar are still like alive I'm not saying they died I mean that does look ginormous I mean I'm not saying they died from it but I'm saying they didn't live no what you're suggesting is the people who eat a half pound beef and cheddar maybe Arby is not the sole cause but there are other comorbidities there are other comor that led than there agre a lot of bad stuff it's like flossing your teeth that one doesn't and people say flossing your teeth prevents heart attacks cuz people who floss their teeth don't get heart attacks but in reality people who floss their teeth are also Health nerds who probably do 20 other things yes it's like when they said like they do like the red meat study and they're like well red meat's bad for you and then they go well what red meat are you eating McDonald's a grass-fed steak Yeah it's a little different I think all right so on August 3rd 2023 plan of purchased double beef and cheese from New York $769 during the same visit plaintiff also purchased a Smokehouse Brisket Sandwich so this person bought a double beef and cheddar and a Smokehouse beef in one sitting they were hungry well they may have been with a guest that is true but I mean do you bring a guest to Arby's I don't think they call them guests I um inmates I think that's what they call them oh there we go oh ambulance I no I thought he was doing cuz I said inmates a uh red and blue press the wrong button there we go ambulance yeah cuz the inmates yeah okay all right we're about WRA up I mean I want to look at well dude hold on this is important DK you're going to have to work your magic on this one why we use the board the white board is well let's get no we don't need to use the Whiteboard here's the class allegations all persons or entities that purchase a Classic Roast Beef double roast beef half pound roast beef classic beef and cheddar double beef and ched cheddar half pound beef and cheddar and or Smokehouse Brisket menu item from Arby's located in the state of New York During the period between September 5th 2020 through the date of final disposition of this action this is great I support you know just because you filed a case doesn't mean you're going to win but I support it I will help out if I'm called upon yeah although I'm not licensed in New York so I'd have to prohawk in let's see the causes of action one deceptive acts and practices New York General business law 349 which we learned from the previous lawsuit 350 again which is what we've learned in from the previous lawsuit breach of contract interesting PL of incorporates by reference the allegations every paragra this complaint defendant through its advertising in its store and online offered overstated menu items based on material fost Mis leading advertisements described above plaintive and numerous other consumers purchase set overstated menu items based on defendants represent ation defendant breach its sales

contracts with plaintiffs and similarly situated customers who purchased an overstated menu item I love it unjust enrichment love it we're suing honey for an unjust enrichment claim this is great I support this I don't know what's going on in this case I just wanted to let the public know that this is happening I can't tell you whether it's true or not can't tell you that what I can tell you is there are allegations thank you guys for tuning in to the attorney Tom I think we should you want to refilm it start over this whole video Yeah Tom I think we should refilm it whoa whoa whoa I have a headache I have a genuine headache cuz we don't we're not supplied water here that was a good you did a good job explaining it and Dirk's going to shorten it up a little bit get out some of the bad stuff Castro shut your if anybody's listening to this right now it means that Durk has put too much in yeah all right just gu let's just cut it okay