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ARTICLE · 12 APRIL 2018

Plaintiff's Extra Value Meal Complaint Doesn't Add Up

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Plaintiff Kelly Killeen brought a class action complaint against Defendants McDonald's Corporation and Salabad LLC, a Chicago-area franchisee ...

United StatesMedia, Telecoms, IT, Entertainment

Plaintiff Kelly Killeen brought a class action complaint against Defendants McDonald's Corporation and Salabad LLC, a Chicago-area franchisee, for claims under the Illinois Consumer Fraud and Deceptive Business Practices Act.  Plaintiff alleged that Defendants marketed their Extra Value Meals as a value, communicating that the cost of an Extra Value Meal was less than the aggregate cost of its individual components purchased separately. Plaintiff further alleged that she was able to purchase the individual components of a particular Extra Value Meal for less than the purchase price of the Extra Value Meal. 

In dismissing Plaintiff's complaint, the U.S. District Court for the Northern District of Illinois held that Illinois law is clear that where other information is available to dispel an allegedly misleading claim, there is no possibility for deception.  The Court wrote, a "straightforward, price-to-price comparison based on information available at the point of

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