I am going to sue wendys for always messing up my order... i always order a burger with no cheese and always say no cheese, i have called the 800 number many a times and it never changes, can i sue them for always doing that?
2007-08-31 20:22:53 · 17 answers · asked by Jesse N 2 in Politics & Government ➔ Law & Ethics
Um, no
why not go someplace else if they keep jackin your order?
2007-08-31 20:28:12 · answer #1 · answered by tallerfella 7 · 3⤊ 0⤋
You have a lot of free time, do you?
Yes, you can file a suit at law.
However, bear in mind that you will only be able to recover *actual* monetary damages, which would in this case be the purchase price of a hamburger.
Thus, it will cost you the better part of $50-$100 to file a claim against the local owner of the wendy's franchise in small claims court, and what you will receive is the cost of a few $2.00 burgers........*if you win.*
Bear in mind that you will have to *prove* that the hamburger given to you was not the hamburger you ordered. How are you going to do that?
In addition to all of the above, bear in mind that in virtually every state, you are required to send the would-be defendent a letter demanding compensation (called a "presentment" or a "demand letter") BEFORE you file the claim with a court.
So, the case would probably never reach a court anyway. Not to mention the obvious silliness of taking a whole day of your time (and the court's time) over the purchase price of a hamburger!
2007-09-01 03:44:54 · answer #2 · answered by Jason W 5 · 0⤊ 0⤋
You can sue anybody for anything. Course winning won't happen. And at the end of your frivolous law suit the Judge will order you to pay all the legal costs associated with the trial. So think twice and maybe three times before you sue. The one who pays, just maybe YOU!
2007-09-01 03:32:45 · answer #3 · answered by ridge runner 3 · 1⤊ 1⤋
I suppose so...but it wouldn't be worth it unless you ordered about 200 burgers and all of them had cheese when you specified you didn't want cheese....because the court cost would be about $400
2007-09-01 03:38:36 · answer #4 · answered by Master Havoc 2 · 0⤊ 0⤋
Fathead has is right. There aren't enough damages. I would check it every time and make them fix it. You must like the burgers or you obviously wouldn't put up with the terrible service.
2007-09-01 03:33:17 · answer #5 · answered by bravozulu 7 · 0⤊ 0⤋
Try ordering a hamburger. When you say cheeseburger, cheese automatically goes on.
2007-09-01 12:19:40 · answer #6 · answered by Bawney 6 · 0⤊ 0⤋
Yes, you can -- but you can only recover the cost of your purchase -- and you probably won't be able to recover your court costs.
Which means it may cost you anywhere between $30 and $300 to file the suit -- to recover the cost of the burger ($3 or less).
2007-09-01 03:33:09 · answer #7 · answered by coragryph 7 · 1⤊ 1⤋
man i hate when they do that and its not just wendys. people say just take it off. well once its been on there, you can just take it off but it still tastes like its still on there.
but i dont think it would get to court
2007-09-01 03:36:37 · answer #8 · answered by fishshogun 5 · 0⤊ 0⤋
uhm no just check your order before you drive away for the window i always do that.. cuz im a picky eater
2007-09-01 03:30:54 · answer #9 · answered by Becky 2 · 1⤊ 0⤋
Strange... When I say "No cheese", it always comes with no cheese/
2007-09-01 03:35:14 · answer #10 · answered by OC 7 · 3⤊ 0⤋