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#1 User is offline   Ladybird 

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Posted 31 August 2019 - 02:30 PM

Tennessee man sues Popeyes for running out of chicken sandwiches

Aug. 30, 2019, 1:13 PM EDT
By Janelle Griffith

If Popeyes Louisiana Chicken didn't have a big enough beef on its hands with its recent social media-fueled rivalry with Chick-fil-A, now the fast-food chain is being sued for selling out of its buzzed-about chicken sandwich.

A Tennessee man filed a lawsuit against Popeyes this week alleging it engaged in "false advertising" and “deceptive business practices by entity to public.”

Craig Barr is seeking $5,000 in damages, according to the lawsuit filed in Hamilton County General Sessions Court.

Popeyes announced Tuesday the sandwich that debuted earlier this month will be sold out at all locations by the end of the week. The company did not immediately return a request for comment Friday.

Barr, who is representing himself in the case, also said in court documents that he was "hustled out of $25" by a friend of a man who allegedly claimed in a Craigslist advertisement that he worked at a Popeyes location and could get sandwiches the restaurant was hiding.

Barr, an East Ridge resident, said he suffered rim and tire damage totaling $1,500 while driving from location to location and was humiliated when his friends laughed at him.

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#2 User is offline   Hercules 

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Posted 31 August 2019 - 04:03 PM

If this A'hole has the coin to sue he can raise his own chickens, slaughter them and make his own sandwiches.
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#3 User is online   Dean Adam Smithee 

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Posted 31 August 2019 - 04:08 PM

I was with it until the part and craigslist and willing to pay $25 to participate in a subterfuge.

Believe it or not, there actually ARE laws on the books that address this. Generally, it's illegal for a business to advertise an item that they KNOW they don't have enough of for likely demand IF it's just a ruse to get people in the door who will then by a higher-priced and/or more profitable item.

The laws came about because Car Dealerships used to be NOTORIOUS for this sort of thing. "COME ON IN! Drive out in a BRAND NEW 2020 Schlepmobile for only a buck three eighty-five!" You get there and the story was always the same: "Golly, you just missed it. We only had one at that price and we sold it 20 seconds ago. But let me show you our DEE-Luxe Sclepmobiles." All the while knowing that while SOME people will walk out, MORE will stay so as not to have wasted their time and they don't know it was all a gimmick with that in mind.

Now, IF this guy can demonstrate that Popeye's was DELIBERATELY shorting their stores just to drive up sales on more profitable things? He MIGHT have a case. But it's a VERY high bar. He'd have to show deliberate intent, which he could MAYBE do if he could show enough of a pattern.
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#4 User is offline   LeansToTheRight 

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Posted 31 August 2019 - 04:09 PM

Popeyes didn’t tell him to give some schmuck on Craigslist $25, and they didn’t cause his rim and tire damage to his car. If a judge were to award that, think of all the lawsuits piling up for people who damaged their car driving to a restaurant. This guy should be forced to pay for Popeye’s legal team’s time for having to respond to this crap.
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#5 User is online   Dean Adam Smithee 

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Posted 31 August 2019 - 04:21 PM

View PostHercules, on 31 August 2019 - 04:03 PM, said:

If this A'hole has the coin to sue he can raise his own chickens, slaughter them and make his own sandwiches.


He's acting as his own lawyer, so it's maybe a $50 filing fee. But, like they say, "Anyone who acts as their own attorney has an idiot as a Lawyer and a fool as a client". THAT SAID, if a particular store pissed me off enough? I might do it "just because".

ONE THE OTHER HAND, Before this can get to court he's got to send Popeye's a "Demand" letter stating what he wants as a settlement, and they've got to refuse it. If I were Popeye's lawyer, I'd offer as settlement a 'voucher' for $2,500 in chicken sandwiches with the fine print While Supplies Last. Subject to Availability.
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#6 User is online   Dean Adam Smithee 

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Posted 31 August 2019 - 05:34 PM

View PostLeansToTheRight, on 31 August 2019 - 04:09 PM, said:

Popeyes didn’t tell him to give some schmuck on Craigslist $25, and they didn’t cause his rim and tire damage to his car. If a judge were to award that, think of all the lawsuits piling up for people who damaged their car driving to a restaurant. This guy should be forced to pay for Popeye’s legal team’s time for having to respond to this crap.


Yeah, that's not EVEN a starter in any court. TIME would be a better argument, the value of his time as he drove from Popeye's to Popeye's. Show that he drove to ENOUGH different Popeye's to establish a pattern of "deception"? Might be enough to at least get past the first motion for dismissal.

:popcorn:

And if he wins there's this Bojangles in Doraville GA that ALWAYS runs out of chicken at the peak of the lunch rush... :sinister:

But, Nah, not gonna make a legal case against them. I get into court, first thing a judge would say to me is, "Oh so you KNOW they always run out of chicken at that time? And you keep going there anyway? Are you retarded or what?"

But, that's okay. A great "relief valve" for getting one's "pound of flesh" against piss-poor performance these days is not the courts but social media. And have I mentioned that the Church's Chicken in Chamblee GA about 2 mi S of the Bojangles in Doraville NEVER seems to run out of chicken???
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#7 User is offline   Wag-a-Muffin (D) 

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Posted 31 August 2019 - 06:24 PM

This is just stupid. I wouldn't like to be in the food industry now. Some people just aren't even human.
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#8 User is offline   moocow 

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Posted 31 August 2019 - 06:59 PM

View PostDean Adam Smithee, on 31 August 2019 - 04:08 PM, said:

I was with it until the part and craigslist and willing to pay $25 to participate in a subterfuge.

Believe it or not, there actually ARE laws on the books that address this. Generally, it's illegal for a business to advertise an item that they KNOW they don't have enough of for likely demand IF it's just a ruse to get people in the door who will then by a higher-priced and/or more profitable item.

The laws came about because Car Dealerships used to be NOTORIOUS for this sort of thing. "COME ON IN! Drive out in a BRAND NEW 2020 Schlepmobile for only a buck three eighty-five!" You get there and the story was always the same: "Golly, you just missed it. We only had one at that price and we sold it 20 seconds ago. But let me show you our DEE-Luxe Sclepmobiles." All the while knowing that while SOME people will walk out, MORE will stay so as not to have wasted their time and they don't know it was all a gimmick with that in mind.

Now, IF this guy can demonstrate that Popeye's was DELIBERATELY shorting their stores just to drive up sales on more profitable things? He MIGHT have a case. But it's a VERY high bar. He'd have to show deliberate intent, which he could MAYBE do if he could show enough of a pattern.

I kind of doubt it. My impression of this is that it was social media fueled and Popeye's probably was caught off guard. Basically, unexpected success.

Anyways, even if there is a small case there, tacking on the other stuff would pretty much turn a jury, I would bet (would if I were on that jury).
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#9 User is offline   Howsithangin 

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Posted 31 August 2019 - 07:13 PM

Barr, eh?
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