Nelson Estrella-Rojas and wife Joann Estrella claim that a Taco Bell commercial deceived them into thinking that their Chalupa Cravings Boxes would be five dollars each.
The suit claims that in May 2018 the New Jersey couple saw a TV commercial for Taco Bell's Chalupa Cravings Boxes that advertised the price as five dollars for a Chalupa Supreme, Five-Layer Burrito, Crunchy Taco, Cinnamon Twist and medium drink. Intrigued, they drove out to Route 22 and ordered two of the meals.
The couple were shocked when the cashier charged them $12.99 instead of the $10 they were expecting. Besides sales tax amounting to $0.81, the location charged the couple an additional $1.09 for each of their meals. They raised the issue to the manager and claim that he told them that the commercial contained"legal fine print" that prices could vary by location.
In reviewing the commercial, it does display a disclaimer at the end stating that the promotion is at"participating locations" and"prices may vary." The lawsuit alleges that the advertisement and the restaurant's failure to honor the advertised price violates New Jersey's . That statute requires disclaimers to be presented"in a type size and style that is clear and conspicuous relative to the other type sizes and styles used in the advertisement."In the suit, the couple claim they sustained damages including not only the additional charge but also the cost of gasoline to drive to Taco Bell and the time spent in the process.
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