Mayheu v. Chick-fil-A, Inc.

If you made a Chick-fil-A delivery order through the Chick-fil-A® One App or website between November 1, 2019, and April 30, 2021, from a Chick-fil-A location in the states of California, Florida, Georgia, New Jersey, or New York, you are a Settlement Class Member and may be entitled to receive a Cash Settlement Award up to $29.25 or a Gift Card Settlement Award up to $29.25 if you file a Claim. A Court authorized the Class Notice because you have a right to know about the proposed Settlement of a class action lawsuit known as Mayheu et al. v. Chick-fil-A Inc., Superior Court of Fulton County, Georgia, Case No. 2022CV365400 and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Class Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Craig Schwall of the Superior Court of Fulton County, Georgia is overseeing this lawsuit. The people who sued are called the “Plaintiffs.” Chick-fil-A, Inc. (“Chick-fil-A”) is the Defendant.

This lawsuit alleges that Chick-fil-A, Inc. made false or misleading representations regarding its delivery fees and menu prices for its delivery orders between November 1, 2019, and April 30, 2021. You can get complete details regarding these allegations in the Consolidated Complaint available here. Chick-fil-A, Inc. denies these allegations and denies any wrongdoing. The Court has not decided who is right. The Parties have agreed to a Settlement.

In a class action, one or more people called “Class Representatives” (in this case, Plaintiffs Jan Mayheu, Aneisha Pittman, Susan Ukpere, Ron Goldstein, and Ronald Ortega) sue on behalf of themselves and other people with similar legal claims. Together, all the people with similar legal claims (except those who exclude themselves) are members of a “Settlement Class.”

The Court has not decided in favor of the Plaintiffs or Chick-fil-A. Instead, both sides have agreed to the Settlement to avoid the costs and uncertainty of a trial; if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the Class Notice. The proposed Settlement does not mean that any law was broken or that Chick-fil-A did anything wrong. Chick-fil-A denies all legal claims in this case and denies any wrongdoing. Plaintiffs and their lawyers think the proposed Settlement is best for everyone affected.

You are a Settlement Class Member if you made a Chick-fil-A delivery order through the Chick-fil-A® One App or website between November 1, 2019, and April 30, 2021, from a Chick-fil-A location in California, Florida, Georgia, New Jersey, or New York. The Settlement creates the following five Subclasses:

• “California Settlement Subclass” refers to all members of the Settlement Class who made a Chick-fil-A delivery order through the Chick-fil-A® One App or website from a Chick-fil-A location in the State of California.
• “Florida Settlement Subclass” refers to all members of the Settlement Class who made a Chick-fil-A delivery order through the Chick-fil-A® One App or website from a Chick-fil-A location in the State of Florida.
• “Georgia Settlement Subclass” refers to all members of the Settlement Class who made a Chick-fil-A delivery order through the Chick-fil-A® One App or website from a Chick-fil-A location in the State of Georgia.
• “New Jersey Settlement Subclass” refers to all members of the Settlement Class who made a Chick-fil-A delivery order through the Chick-fil-A® One App or website from a Chick-fil-A location in the State of New Jersey.
• “New York Settlement Subclass” refers to all members of the Settlement Class who made a Chick-fil-A delivery order through the Chick-fil-A® One App or website from a Chick-fil-A location in the State of New York.

This Settlement does not extend to Chick-fil-A delivery orders made through third-party apps and websites (including, for example, DoorDash).

As a Settlement Class Member, you can file a Claim to receive either a Cash Settlement Award or a Gift Card Settlement Award up to $29.25. You will have the option to select to receive either a Cash Settlement Award or a Gift Card Settlement Award when you file a Claim.

Cash Settlement Award – Settlement Class Members who submit a valid Claim Form and elect to receive a Cash Settlement Award will receive a cash payment up to $29.25.

The Settlement creates a “Cash Settlement Fund” of $1,450,000 USD. The Cash Settlement Fund will first be used to pay the Settlement Costs of the notice plan, including payments to the Class Representatives and attorneys’ fees and litigation costs, and the Claims Process, including exclusions and objections. The Cash Settlement Fund will then be used to pay any other remaining Settlement Costs. The remaining amount of the Net Cash Settlement Fund will then be used to pay Cash Settlement Awards to Settlement Class Members.

If there is cash remaining in the Net Cash Settlement Fund after Cash Settlement Awards have been paid, the excess funds will be distributed to either Feeding America or Hunger Initiative as a cy pres award (subject to approval by the Court). If there are not sufficient funds in the Net Cash Settlement Fund to award each Settlement Class Member $29.25, the Net Cash Settlement Fund will be distributed on a pro rata (a legal term meaning “equal share”) basis to those Settlement Class Members who elect to receive a Cash Settlement Award.

Gift Card Settlement Award – Settlement Class Members who submit a valid Claim Form and elect to receive a Gift Card Settlement Award will receive an electronic Chick-fil-A, Inc. e-gift card with a balance up to $29.25. The Chick-fil-A e-gift cards are issued by CFA Servco, Inc. (“Servco”), an affiliate of Chick-fil-A. The e-gift cards may be redeemed at any participating Chick-fil-A restaurant in the United States. The e-gift cards are not accepted at all Chick-fil-A Express™ or Chick-fil-A licensed locations such as airports, college campuses, office complexes, and hospitals unless such locations have been approved by Servco to accept Chick-fil-A Gift Cards for redemption. For a list of licensed locations that accept Chick-fil-A e-gift cards, please visit www.chick-fil-a.com/giftcards.

Chick-fil-A e-gift cards are not currently redeemable in Puerto Rico. The e-gift cards are nonreloadable. A gift card balance may be checked at participating Chick-fil-A restaurants in the United States or by calling 1-888-232-1864. After redemption, the remaining balance, if any, will be printed on your receipt. A gift card balance may be transferred to a Chick-fil-A One member’s digital gift card available through the Chick-fil-A One App. Servco reserves the right to replace lost, stolen, or damaged Chick-fil-A e-gift cards solely at its discretion. Chick-fil-A e-gift cards are not subject to any expiration dates or any issuance, activation, or dormancy fees. The e-gift cards are not redeemable for cash except as required by applicable law. By electing to receive a Chick-fil-A e-gift card, Settlement Class Members agree to accept these terms and conditions. Settlement Class Members may be charged sales tax on Chick-fil-A, Inc. e-gift card redemption transactions in accordance with applicable law, however, no additional purchase will be necessary to use the Chick-fil-A, Inc. e-gift card. The Gift Card Settlement Awards will be paid separate from the Net Cash Settlement Fund. The total value of the Chick-fil-A, Inc. e-gift cards issued to Settlement Class Members will not exceed $2,950,000 USD in retail value.

If it is not possible to issue Gift Card Settlement Awards of $29.25 to all Settlement Class Members who elect to receive a Gift Card Settlement Award, the balance of the Gift Card Settlement Awards issued to Settlement Class Members electing to receive a Gift Card Settlement Award will be adjusted downward proportionally.

If you are a Settlement Class Member, you must have filled out and submitted a Claim Form to qualify for a Cash Settlement Award or a Gift Card Settlement Award. The completed Claim Form must have been submitted online or mailed, postmarked by February 15, 2024.

Upon receiving a completed Claim Form, the Class Action Settlement Administrator will review and confirm or deny your eligibility for a Cash Settlement Award or a Gift Card Settlement Award. If the Settlement is approved, Settlement Class Members who file a valid Claim Form will receive an email regarding how to receive a digital payment for the Cash Settlement Award or the digital Gift Card Settlement Award.

A Unique ID was issued to Settlement Class Members identified in Chick-fil-A’s records as an eligible participant in this Settlement. An email Notice was sent in winter 2023, was titled, “Legal Notice: Class Action Settlement About Chick-fil-A Online Delivery Purchase,” and was sent from noreply@deliveryordersettlement.com.

Please review your email’s inbox, promotions, and SPAM folders for an email matching the sender and subject. If you did not receive a Notice matching these details, you can still submit a Claim by downloading, printing, and mailing a Claim Form to the Settlement’s P.O. Box, Chick-fil-A, Inc. Delivery Fee Settlement, P.O. Box 2237, Portland, OR 97208-2237. Claim Forms are available for download by clicking here. We will then check the Claim Form against Chick-fil-A’s records to determine if you are an eligible participant in this Settlement.

If the Frequently Asked Questions above or on this page do not answer the question(s) you may have, you can contact the Class Action Settlement Administrator by writing to Chick-fil-A, Inc. Delivery Fee Settlement, P.O. Box 2237, Portland, OR 97208-2237.

The Court held a hearing on February 29, 2024, and the Settlement was approved. Even though the Court approved the Settlement, there may be appeals. You will not receive your Cash Settlement Award or Gift Card Settlement Award until any appeals are resolved. Please be patient.

In April and October 2021, Chick-fil-A revised the disclosures on its Chick-fil-A® One App and website respectively to state expressly that menu prices may be higher for delivery orders and that certain fees may apply. These disclosures are presented to consumers on both the Chick-fil-A® One App and Chick-fil-A website prior to placing an order.

Also, the following disclosure is present at checkout, just prior to purchasing food for delivery: “Menu prices for delivery are higher than at the restaurant. Delivery fees, order minimums or small order fees, and additional fees apply.”

These disclosures are intended to fairly and adequately inform customers of these food delivery-related charges. Chick-fil-A agrees to keep these or substantially similar statements in place as long as they are applicable to delivery orders.

Chick-fil-A reserves the right to amend any of these statements as long as any amended statements similarly advise customers of the difference between restaurant and delivery menu prices.

Unless you exclude yourself from the Settlement, you cannot sue or be part of any other lawsuit against Chick-fil-A about the legal issues in this lawsuit, including any existing lawsuit, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments made by the Court will bind you. If you file a Claim Form for a Cash Settlement Award or a Gift Card Settlement Award or do nothing at all, you will be releasing Chick-fil-A from all of the legal claims described and identified in Section IV.B of the Settlement Agreement.

The Settlement Agreement is available here. The Settlement Agreement provides more details regarding the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the Class Counsel, the lawyers representing the Settlement Class listed in FAQ 13, for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

The Court has appointed lawyers from the law firms Shamis & Gentile, P.A., of Miami, FL, and Kaliel Gold PLLC, of Washington, D.C., to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

You may contact Class Counsel if you have any questions about the Class Notice or the Settlement. Please do not contact the Court.

The Class Counsel lawyers will ask the Court for an award of attorneys’ fees not to exceed $880,000 USD, plus litigation costs that the Class Counsel lawyers will request separately. If approved by the Court, these attorneys’ fees and litigation costs will be paid out of the Cash Settlement Fund.

Class Counsel will also ask the Court for a Service Award to each Class Representative in an amount not to exceed $5,000 USD each for their participation as Class Representatives, for taking on the risks of the lawsuit, and for settlement of their individual legal claims as Settlement Class Members in this lawsuit. If approved by the Court, the Service Awards will be paid out of the Cash Settlement Fund.

The deadline to exclude yourself from the Settlement was January 2, 2024.

No. If you exclude yourself, you cannot receive a Cash Settlement Award or a Gift Card Settlement Award. However, you may sue, continue to sue, or be part of a different lawsuit against Chick-fil-A about the legal issues in this lawsuit.

The deadline to object to the Settlement was January 2, 2024.

Objecting is simply telling the Court that you do not agree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object because you are no longer part of the lawsuit.

The Court held a hearing on February 29, 2024, and the Settlement was approved. Even though the Court approved the Settlement, there may be appeals.

No. Class Counsel will answer all questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to talk about your objection. As long as you filed your written objection by the deadline, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.

The Court held a hearing on February 29, 2024, and the Settlement was approved.

If you do nothing, you will be part of the Settlement Class, and you will not get a Cash Settlement Award or a Gift Card Settlement Award from the Settlement. Unless you exclude yourself, you will not be permitted to continue to assert Released Claims in any other lawsuit against Chick-fil-A about the legal issues in this case, ever again.

This website and the Class Notice summarize the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here, or by contacting Class Counsel at the address listed in response to FAQ 13.

You can call toll-free 1-877-764-4957, write to Chick-fil-A, Inc. Delivery Fee Settlement, P.O. Box 2237, Portland, OR 97208-2237; or go to the Important Documents page, where you will find the Settlement Agreement, the Motion for Preliminary Approval, Class Counsel’s request for attorneys’ fees and expenses (once it is filed), and other important documents in the case.

PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK’S OFFICE REGARDING THE INFORMATION ON THIS WEBSITE OR IN THE CLASS NOTICE.