Chick-fil-A 'secretly' marked up food prices for delivery orders: lawsuit

LOS ANGELES - A new lawsuit against Chick-fil-A alleges the company deceived customers by raising the prices of items ordered for delivery while promising customers low-cost delivery fees. 

The lead plaintiffs in the lawsuit, Aneisha Pittman and Susan Ukpere, alleged that the company imposed "hidden delivery charges on its customers in addition to the low ‘Delivery Fee’ represented in its app and on its website," according to a complaint filed in U.S. District Court for the Southern District of New York. 

Representatives for Chick-fil-A have not responded to FOX Business' request for comment.

According to the complaint, the company promises customers through its website and mobile app that it has "low-price delivery" that is "usually in the amount of $2.99 or $3.99."  

However, the company allegedly marked up food prices for delivery orders by 25% to 30%, making "Chick-fil-A’s promise of low-cost delivery patently false," according to the suit.  

For example, ordering 30-count chicken nuggets for delivery would cost about $5 to $6 more than if it were ordered online and picked up in-store or ordered in-store, according to the complaint.

"Chick-fil-A omits and conceals material facts about the Chick-fil-A delivery service, never once informing consumers in any disclosure, at any time, that the use of the delivery service causes a substantial increase in food prices," the complaint reads. 

"By unfairly obscuring its true delivery costs, Chick-fil-A deceives consumers and gains an unfair upper hand on competitors that fairly disclose their true delivery charges," according to the lawsuit.

The customers are now seeking declaratory relief, injunctive relief and damages along with prejudgement interest, costs and attorneys’ fees for Chick-fil-A's allegedly unlawful practices.