Attorneys working with ClassAction.org would like to speak to Dunkin customers who have milk allergies or lactose intolerance and had to pay extra to have their drinks made with non-dairy milk.
Dunkin is currently being investigated to determine whether it discriminates against these individuals by levying a considerable surcharge – in some cases, more than a dollar – for dairy milk alternatives. Attorneys believe the upcharge is not in line with how much non-dairy milk actually costs and that Dunkin may be profiting off those with lactose intolerance and milk allergies.
Starbucks has already been sued over the issue – and attorneys believe Dunkin could also face a discrimination lawsuit for its non-dairy milk upcharges.
Attorneys working with ClassAction.org believe that both lactose intolerance and milk allergies are covered by the Americans with Disabilities Act (ADA).
The ADA defines a disability as a physical or mental impairment that substantially limits a “major life activity,” which includes eating and the “operation of a major bodily function,” such as digestion and other functions of the gastrointestinal system.
The Act also specifies, importantly, that a place of public accommodation – such as a restaurant, hotel or store – cannot impose a surcharge on a disabled individual to cover the cost of measures that are required to provide that person with the “nondiscriminatory treatment required by the Act.”
Attorneys believe that Dunkin’s non-dairy milk surcharge, in addition to potentially being illegal, is excessive in that there is not enough of a cost difference between cow’s milk and milk alternatives to warrant the 0.25 to $1.00-plus per-drink upcharge.
A class action lawsuit, if filed and successful, could allow consumers who are allergic to or intolerant of cow’s milk to recover some of the extra money they had to pay to add a milk alternative to their drinks. It could also force Dunkin to drop the surcharges.
If you are interested in participating or learning more, complete the form on ClassAction.com.