A New Jersey woman is suing Chick-fil-A for price gouging, alleging they took advantage of pandemic restrictions and imposed hidden delivery fees through thier app.

The federal lawsuit filed by Aneisha Pittman, of Newark, claims she paid 30% more for items ordered through the app, in addition to a flat delivery fee.

One example cited in the suit was for an order of eight chicken nuggets. Pittman claims she paid $12.85 through the app. 30% more than if she had picked up the order in person. Her lawyers say that is consumer fraud, because Chick-fil-A was essentially tacking on another delivery fee to the order. Attorneys cite other examples of menu items costing substantially more through the app than in-store.

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“Chick-fil-A did not and does not make similar markups for identical food items ordered via the same app or website, where such items are ordered for pickup instead of delivery," the complaint states. Lawyers representing Pittman noted the app listed a flat delivery fee of between $2.99 and $3.99, but did not note the increased price of online menu items being ordered for delivery.

Pittman is being joined in the lawsuit by a woman from New York City and are seeking class action status for separate suits in New Jersey, New York and nationwide. If a judge grants that request, thousands of customers who ordered food for delivery through the app could join the action.

The Miami Herald reports the Georgia-based fast food giant has not responded to the lawsuit, and has asked the judge for more time to look into the matter. The judge granted that request, and gave Chick-fil-A until December to file a response with the court.

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