Dunkin' Is Being Sued for This Extra Charge

If you’re a coffee drinker, you likely have a go-to order. Sure, there are days when you may want to try a new latte or add a little cream and sugar even if you typically take your coffee black, but for the most part, how you take your coffee doesn’t change day to day. And if you’re a Dunkin' customer who has a need or preference for nondairy milk, you’re likely paying as much as $2 more for your coffee.

In a class action lawsuit filed in a district court in Northern California in December, a group of 10 plaintiffs are claiming that the extra charge for nondairy milk counts as discrimination. 

Why Is Dunkin' Being Sued?

While drinking nondairy milk may be a preference for some, it’s not a choice for people who are lactose intolerant or have milk allergies. The lawsuit claims that Dunkin’s extra charge for nondairy milk (which varies from $.50 to more than $2 depending on the location) “violates the Americans with Disabilities Act.”

The lawsuit states that the company doesn’t charge extra to remove sugar or caffeine from a beverage for customers who are managing diabetes or hypertension and that a reasonable accommodation for people who are lactose intolerant or have a milk allergy should be no different.

All of the plaintiffs in the lawsuit are lactose intolerant or have a milk allergy. In an interview with NBC News on the subject, Arlene Kanter, the founding director of Syracuse University’s disability law and policy program, said, “If a person qualifies as a person with a disability, and they’re entitled to an accommodation or modification — which in this case looks pretty simple as nondairy milk — they cannot be charged extra,” said Kanter.

The lawsuit is seeking damages of at least $5 million, and attorney Bogdan Enica, who is representing the plaintiffs in the case, has said that more than 50 people with lactose intolerance or milk allergies have contacted him to join the legal filing. 

This lawsuit isn’t the only instance of consumers being fed up with the practices of major chains. The recently reported Starbucks scandal on how the chain collects (and keeps) money from its customers and the McDonald’s Dollar Menu controversy have similarly frustrated customer complaints.