Nelson and Joann Estrella are suing Taco Bell claiming that they overpaid for two Chalupa Cravings boxes. In May 2018, after seeing a Taco Bell commercial known as “The Librarian,” the lawsuit alleges that the “plaintiffs were induced to travel in their personal automobile, to a Taco Bell.” There, they ordered the two Chalupa Cravings boxes only to find out that they would cost them $12.18.
And that was before taxes.
When they asked about the price, which they expected to be less based off the commercial promotion, they were told that this particular chain in Green Book, N.J., did not participate in the promotion.
The lawsuit alleges that in airing this promotion, Taco Bell advertised “untrue, deceptive or misleading misrepresentations of material facts to and omitted and/or concealed material facts.”
This has led to “huge profits” from false advertising the lawsuit claims. The lawsuit was filed in the Super Court of New Jersey in Middlesex County. The Taco Bell location in question is in nearby Somerset County.
“As a result, the plaintiffs who were induced by this false and misleading advertisement have sustained an ascertainable loss, in the form of time wasted driving to the subject Taco Bell, the gasoline expended to drive their vehicle to the subject Taco Bell, and in the amount of $2.18, which is the difference between what they should have been charged ($10.00 before taxes) and what they were charged ($12.18 before taxes),” the lawsuit claims.
The Estrellas are seeking from Taco Bell, a Yum! Brand, “Compensatory damages” as well as legal fees and “Any other applicable consequential, incidental, nominal and expectation damages.”