unlawfulcharges.comThe gap between the menu price and the total
The core allegation against Dunkin' is unusually simple to state: the app's own totals do not match the app's own prices.
In a lawsuit filed in Massachusetts, customers alleged that the Dunkin' mobile app systematically exceeded the displayed prices for individual items - in one example, $6.78 worth of items ringing up as an $8.03 subtotal and then charged tax on the marked-up figure!
Other lawsuits describe several other charges that appear only after the price has been shown, including for cream cheese, non-dairy milk, a dine-in fee, and credit card surcharges. The app adds on additional charges such as delivery fees and/or small order fees.
Why a chain's own app is a harder case for the company
Hidden-fee claims often involve a delivery platform sitting between a customer and a restaurant, such as our claim against Grubhub, and the company charging the fee will argue it is a middleman passing along someone else's costs.
But this is Dunkin's own app, and all of its pricing decisions that add markups and surcharges were made by Dunkin.
What Virginia law requires of an advertised price
Virginia's drip-pricing laws are part of the Virginia Consumer Protection Act. It prohibits mandatory add-on fees that were not disclosed when an item's price was first advertised. Restaurants have their own category under the Consumer Protection Act but the core is the same; the first price disclosed and first set of fees disclosed has to be the amount at the end for the purposes of mandatory charges.
Meanwhile, a genuinely optional charge - something you choose to add - can be presented as you add it. A mandatory charge cannot. If a customer cannot complete the order without paying it, that charge is part of the price, and it has to appear in the first price the customer is shown, not on the payment screen and not on the receipt.
Maginnis Howard is able to take these cases on a 'mass arbitration' basis, so that these cases which only amount to a few dollars per transaction make economic sense for us to handle at no cost to you. The protection is most direct in Virginia and the other states with express pricing-transparency laws, and we believe the practice is improper in all 50. It measures the seller against what the seller displayed rather than what the seller intended. Whether a higher total came from a deliberate policy or from something wrong in how the app calculates a subtotal is not the customer's problem to sort out.
Who qualifies, and what a Virginia customer can recover
This claim is open to consumers 18 and over for orders placed on or after July 1, 2025. It is most direct in Virginia and the other states with express pricing-transparency laws, but we believe the practice is improper in all 50.
Recovery is straightforward to describe. Actual damages are the total of the undisclosed fees and overcharges you paid - every marked-up subtotal, every unannounced add-on charge, every dine-in fee and surcharge that showed up after the price did. Virginia law allows recovery of your actual damages or $500, whichever is greater, along with your attorney fees. If the violation is found to be willful, the court may award up to three times your actual damages, or $1,000, whichever is greater.
Private individual arbitration is how a claim like this against Dunkin' is brought, and we handle that entirely on your behalf.
You do not need a receipt to sign up today, though we may ask for receipts or app screenshots later. Signing up takes about a minute and costs nothing. We work on contingency: no fee unless we recover for you.
The legal basis
Why this may be illegal
Dunkin' advertises one price for your coffee and food on its app, then adds on fees at checkout. Customers have alleged the Dunkin' mobile app systematically rings up totals higher than the displayed item prices, adds undisclosed charges for add-ons like cream cheese and non-dairy milk, and tacks on hidden "dine-in" and surcharge fees that only appear on the receipt after you've paid. Virginia and a number of other states — California, Colorado, Connecticut, Minnesota, Oregon and Massachusetts — have enacted statutes that expressly require an advertised price to include every mandatory fee, and a claim is most direct in those states. But we believe the tactic is improper in all 50: every state has an unfair and deceptive trade practices law that prohibits a company from advertising a price the consumer cannot actually get.
The law
Virginia's Consumer Protection Act, § 59.1-608, prohibits mandatory add-on fees that were not disclosed when an item's price was first advertised. Where those fees were charged, Virginia law allows recovery of your actual damages or $500, whichever is greater, along with your attorney fees; if the violation is found to be willful, the court may award up to three times your actual damages, or $1,000, whichever is greater. Dunkin' and its parent, Inspire Brands, are already facing active litigation over app overcharges and hidden fees, and Dunkin' has been sued for this conduct multiple times in the past few years.
What you could recover
Virginia law allows recovery of your actual damages or $500, whichever is greater, along with your attorney fees. If the violation is found to be willful, the court may award up to three times your actual damages, or $1,000, whichever is greater.
How your claim would be handled
Claims like this are handled as individual arbitration cases — private proceedings, no courtroom. For Dunkin', cases are typically administered through AAA.
What They Showed You* vs. What You Actually Paid*
| What They Showed You* (Dunkin' order) | $6.78 |
| App mark-up on item prices | +$1.25 |
| What You Actually Paid* (After Hidden Fees) | $8.03 |
Figures shown are illustrative examples, not records of an actual transaction; your amounts may differ.
Think you're affected? Check if you qualify and sign up in about two minutes — no upfront cost.
Check if you qualifyFrequently asked questions
Do I have to pay for this?
You don't pay anything unless we recover compensation on your behalf. Our legal team works on contingency, which means we only get paid if you do.
Does it matter what state I live in?
It affects how your claim is built, not whether you can sign up. The most direct route is in Virginia and the other states that have passed express pricing-transparency or junk-fee statutes — California, Colorado, Connecticut, Minnesota, Oregon and Massachusetts. We believe this pricing tactic is improper in all 50 states, because every state has an unfair and deceptive trade practices law that reaches advertising a price that isn't the price charged. Tell us where you were when you were charged and we'll evaluate it.
Do I have to provide proof of purchase?
You don't need proof of purchase to sign up today. However, we'll ask for a receipt or screenshot of the transaction.
What is Maginnis Howard?
Maginnis Howard is a consumer protection and personal injury law firm serving clients nationwide. You may find more details about us at www.carolinalaw.com.
Will I have to go to court?
No, we will file everything on your behalf.
What if I have other questions?
For all other questions, contact us at unlawfulcharges@carolinalaw.com.
What clients say
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Ian is an excellent communicator who knows how to work with these companies to obtain a resolution and get you the best settlement offer possible. I highly recommend Ian and the Maginnis Howard law firm for anyone navigating the arbitration process.
I'm very grateful for his representation and the result we achieved. If you're facing arbitration and feel overwhelmed or unsure of your rights, I highly recommend Ian Vance and Maginnis Howard. They know how to handle these cases and fight for their clients.
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