Attorneys working with ClassAction.org wish to communicate to Dunkin prospects who’ve milk allergic reactions or lactose intolerance and needed to pay further to have their drinks made with non-dairy milk.
Dunkin is at present being investigated to find out whether or not it discriminates towards these people by levying a substantial surcharge – in some instances, greater than a greenback – for dairy milk options. Attorneys imagine the upcharge just isn’t consistent with how a lot non-dairy milk really prices and that Dunkin could also be profiting off these with lactose intolerance and milk allergic reactions.
Starbucks has already been sued over the difficulty – and attorneys imagine Dunkin may additionally face a discrimination lawsuit for its non-dairy milk upcharges.
Attorneys working with ClassAction.org imagine that each lactose intolerance and milk allergic reactions are coated by the People with Disabilities Act (ADA).
The ADA defines a incapacity as a bodily or psychological impairment that considerably limits a “main life exercise,” which incorporates consuming and the “operation of a significant bodily operate,” resembling digestion and different features of the gastrointestinal system.
The Act additionally specifies, importantly, that a spot of public lodging – resembling a restaurant, resort or retailer – can’t impose a surcharge on a disabled particular person to cowl the price of measures which can be required to supply that individual with the “nondiscriminatory remedy required by the Act.”
Attorneys imagine that Dunkin’s non-dairy milk surcharge, along with doubtlessly being unlawful, is extreme in that there’s not sufficient of a value distinction between cow’s milk and milk options to warrant the 0.25 to $1.00-plus per-drink upcharge.
A category motion lawsuit, if filed and profitable, may permit shoppers who’re allergic to or illiberal of cow’s milk to recuperate a few of the more money they needed to pay so as to add a milk different to their drinks. It may additionally power Dunkin to drop the surcharges.
If you’re concerned with collaborating or studying extra, full the shape on ClassAction.com.