This case was last updated from PACER on 10/08/2021 at 15:48:07 (UTC).

Pittman et al v. Chick-Fil-A, Inc.

Case Summary

 

On September 28, 2021, Aneisha Pittman and Susan Ukpere (collectively, “Plaintiffs”), on behalf of themselves and others similarly situated, represented by Andrew Shamis of Shamis & Gentile P.A., filed a contract lawsuit against Chick-fil-A, Inc., (“Defendant” or “Chick-fil-A”), seeking declaratory relief, injunctive relief and damages along with prejudgement interest, costs and attorneys’ fees for the alleged unlawful practices of the Defendant. This case was filed in U.S. District Court in the Southern District of New York with Judge Victor Marrero presiding.

 

In the complaint, the Plaintiffs alleged that, “Since the beginning of the COVID-19 pandemic, Chick-fil-A has moved aggressively into the food delivery business, exploiting an opportunity presented by Americans’ reduced willingness to leave their homes. To appeal to consumers in a crowded food delivery marketplace, Chick-fil-A has promised its customers low-price delivery in its mobile application and on its website, usually in the amount of $2.99 or $3.99.”

 

The Plaintiffs further alleged that, “This hidden delivery upcharge makes Chick-fil-A’s promise of low-cost delivery patently false. The true delivery costs are obscured, as described above, and far exceed its express representation that its “Delivery Fee” is a flat fee of only $2.99 or $3.99.”

 

The Plaintiffs also alleged that, “Chick-fil-A misrepresents the nature of the delivery charges assessed on the Chick-]fil-A mobile application and the website, by issuing in-app and online marketing materials that fail to correct reasonable understandings of its low-cost delivery promises, and that misrepresent the actual costs of the delivery service.” And that “Specifically, Chick-fil-A omits and conceals material facts about the Chick-fil-A delivery service, never once informing consumers in any disclosure, at any time, that the use of the delivery service causes a substantial increase in food prices.”

 

There are four claims of relief laid down by the Plaintiffs. The first claim is for alleged deceptive acts or practices of N.Y. Gen. Bus. Law § 349 asserted on behalf of the New York class. The second claim is for alleged violation of New Jersey Consumer Fraud Act, N.J. Stat. Ann. § 56:8-1 et seq asserted on behalf of the New Jersey class. The third claim is for alleged breach of contract asserted on behalf of the New York Class, the New Jersey Class and the Nationwide Class. The fourth claim deals with the alleged unjust enrichment asserted on the behalf of the New York Class, the New Jersey Class, and the Nationwide Class.

 

In its prayer for relief, the Plaintiffs requested the Court for declaratory and injunctive relief and an order enjoining the Defendant from continuing the unlawful practices. The Plaintiffs also requested the Court for damages, including compensatory and punitive damages. Further, the Plaintiffs requested an order requiring Defendant to disgorge and make restitution of all monies it acquired by means of the unlawful practices along with prejudgement interest, costs of the suit and reasonable attorneys’ fees or any other relief that the Court deems just, proper and equitable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-08041

  • Filing Date:

    09/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Victor Marrero

 

Party Details

Plaintiffs

Aneisha Pittman

Susan Ukpere

Defendant

Chick-Fil-A, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Andrew Shamis

Attorney at Shamis & Gentile P.A.

14 N.E. 1St Ave, Ste. 705

Miami, FL 33132

 

Court Documents

#5

(#5) CIVIL COVER SHEET filed..(Shamis, Andrew) (Entered: 09/29/2021)

#4

(#4) ELECTRONIC SUMMONS ISSUED as to Chick-Fil-A, Inc...(jgo) (Entered: 09/29/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Chick-Fil-A, Inc., re: #1 Complaint. Document filed by Aneisha Pittman, Susan Ukpere..(Shamis, Andrew) (Entered: 09/28/2021)

#2

(#2) FILING ERROR - SUMMONS REQUEST PDF ERROR - CIVIL COVER SHEET filed..(Shamis, Andrew) Modified on 9/29/2021 (jgo). (Entered: 09/28/2021)

#1

(#1) COMPLAINT against Chick-Fil-A, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25120058)Document filed by Aneisha Pittman, Susan Ukpere..(Shamis, Andrew) (Entered: 09/28/2021)

 

Docket Entries

  • 10/01/2021
  • DocketMagistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) (Entered: 10/01/2021)

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  • 10/01/2021
  • DocketNOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Kenneth M. Karas is no longer assigned to the case. (aea) (Entered: 10/01/2021)

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  • 09/29/2021
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  • Docket(#5) CIVIL COVER SHEET filed..(Shamis, Andrew) (Entered: 09/29/2021)

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  • 09/29/2021
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  • Docket(#4) ELECTRONIC SUMMONS ISSUED as to Chick-Fil-A, Inc...(jgo) (Entered: 09/29/2021)

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  • 09/29/2021
  • DocketCase Designated ECF. (jgo) (Entered: 09/29/2021)

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  • 09/29/2021
  • DocketMagistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 09/29/2021)

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  • 09/29/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 09/29/2021)

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  • 09/29/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Shamis. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 09/29/2021)

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  • 09/29/2021
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrew Shamis to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Basis of Jurisdiction code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 09/29/2021)

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  • 09/28/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Chick-Fil-A, Inc., re: #1 Complaint. Document filed by Aneisha Pittman, Susan Ukpere..(Shamis, Andrew) (Entered: 09/28/2021)

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  • 09/28/2021
  • View Court Documents
  • Docket(#2) FILING ERROR - SUMMONS REQUEST PDF ERROR - CIVIL COVER SHEET filed..(Shamis, Andrew) Modified on 9/29/2021 (jgo). (Entered: 09/28/2021)

    Read MoreRead Less
  • 09/28/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Chick-Fil-A, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25120058)Document filed by Aneisha Pittman, Susan Ukpere..(Shamis, Andrew) (Entered: 09/28/2021)

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