Angry Bostonian’s Suit About Dunkin’ Mobile App Fees Dismissed

Dunkin’ Brands Group Inc. has escaped a lawsuit from a Bostonian alleging the coffee chain’s mobile application routinely overcharges him for a bagel and cream cheese.

Martin Kelledy claimed Dunkin’s app violated Massachusetts pricing regulations by tacking on undisclosed charges that added over $2 to his order.

Kelledy tried to sue Dunkin’ in federal court under the Class Action Fairness Act, which requires at least one class member to come from a state different than the defendant. But the court lacks the authority to hear the case.

“Kelledy, the only plaintiff named in the Complaint, is a resident of Dorchester, Massachusetts. Dunkin’s principal place of business is in Canton, Massachusetts. Because both parties are citizens of Massachusetts, the Complaint fails to meet the minimal diversity requirement,” Richard Stearns, a judge for the US District Court for the District of Massachusetts, wrote in a four-page order dismissing the lawsuit.

The case is Kelledy v Dunkin Brands, D. Mass., No. 1:23-cv-10626-RGS, Order 6/16/23.

To contact the reporter on this story: Allie Reed in Boston at areed@bloombergindustry.com

To contact the editors responsible for this story: Alex Clearfield at aclearfield@bloombergindustry.com; Fawn Johnson at fjohnson@bloombergindustry.com