Anyone who has ever been to Chipotle knows that guacamole costs “extra.” But that may not be the only thing that’s costing customers in Pennsylvania, according to a new lawsuit which accuses stores in the state of shorting customers on change. The lawsuit, which was first reported by The Tribune-Review, accuses the fast-casual burrito chain of misappropriating customer dollars, as well as unfair trade practices. It also seeks class-action status—meaning a large number of customers could potentially become involved—amid claims of hundreds of thousands in losses, if not millions.
“It’s our understanding this is a top-down policy,” Frank G. Salpietro, the attorney who filed the complaint Thursday in Allegheny County Common Pleas Court, told The Tribune-Review. “We expect to be able to reveal more details later.” A spokesman for the state attorney general’s office told the outlet its office had received five similar complaints to the one filed by Salpietro.
In one example citied by Salpietro, a customer named Megan Fox ordered a steak burrito from a Chipotle location in the city of Pine on Aug. 13. Fox allegedly paid her $8.72 bill with a $20. Instead of $11.28 in change, the filing claims that Fox only got $11 back. Another customer named Bridget McMahon racked up a bill of $15.51, according to the suit. After similarly paying with a $20 bill, McMahon was allegedly given only $4 in return.
“They did say we don’t have any change,” Salpietro said. “But they’re only advising of that after they finish the transaction.” Salpietro added that the alleged “policy” disproportionately impacted poorer customers without a credit or debit card access. “This ‘company policy’ not only discriminates against consumers who do not have or do not wish to use credit cards, but also results in a tax-free cash windfall to Chipotle,” the filing reads.
Chipotle provided Delish.com with the following statement from Chief Corporate Affairs and Food Safety Officer Laurie Schalow:
Chipotle’s policy is to give customers the exact change they are owed when making a cash purchase in our restaurants. If a restaurant is low on change as a result of the nationwide coin shortage, our policy is to only accept exact change or other non-cash forms of payment. Restaurants that are impacted have signage posted on the door as well as inside, and employees have been instructed to alert guests prior to ordering. We encourage customers to contact us immediately with any concerns so we can investigate and respond quickly to make things right.
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