The News-Herald

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Tuesday, Feb. 25, 1992
Vol. 113, No. 292 35 cents

Burger King deal claim has councilman broiling

By Jennifer Aylsworth
News-Herald Staff Writer

A Painesville city councilman is leading a class-action lawsuit against a Burger King franchise owner, claiming that the "BK Meal Deal" is not much of a bargain.

Gregory W. Klucher filed the lawsuit against Spence Management Services Inc. of Warren yesterday in Lake County Common Pleas Court. The company owns Burger King Restaurants around Ohio, including one at 175 E. Erie St., Painesville.

Klucher alleges in the lawsuit that buying the "meal deal" - a sandwich, French fries and a soft drink - is not cheaper that buying the items individually.

In fact, attorney Howard Rabb said, the "deal" is the same price as the individual items.

The lawsuit claims that the "meal deal" marketing constitutes a deceptive and unconscionable sales practice.  Relying on the company's "misleading statement of opinion" would lead to the customer's detriment, the lawsuit states.

"The big deal is that it's no deal," Rabb said. "You can't represent that a price advantage exists when in fact it doesn't. It's an ethical ad violation and a violation of Ohio law.

"All we're looking for is that (the franchise owners) stop doing what they're doing." Rabb recently was involved with another well-publicized class-action lawsuit against Arista Records after the singing group Milli Vanilli admitted to lip synching some of its music.

After that lawsuit, those who purchased Milli Vanilli albums got a $3 rebate if they mailed a proof of purchase to the record company.

Donald A. Spence of Spence Management Services could not be reached for comment.

Klucher declined comment, referring questions to Rabb. Klucher and the attorneys seek an order restraining the alleged deceptive sales practice and unspecified punitive and compensatory damages.