Shake Shack Class Action Lawsuit: Hidden Fees Surprise Customers on App Orders

Case Overview: A class action lawsuit claims Shake Shack misled customers with hidden fees on online and app-based orders, violating consumer protection laws.

Consumers Affected: Consumers who placed delivery orders through the Shake Shack app or online.

Court: Superior Court of the State of California for the County of Los Angeles

Consumers are accusing fast-casual burger chain Shake Shack of deceiving them with hidden fees on online and app-based orders in a new lawsuit. 

The lawsuit claims the company misleads consumers by prominently advertising one price, only to tack on unexpected charges at checkout, inflating the final bill.

Shake Shack Accused of Hiding Delivery and Service Fees

Aviva Copaken, a Los Angeles resident, filed the proposed class action lawsuit after she placed a delivery order through the Shake Shack app on November 12, 2024, expecting to pay $21.67—the total displayed throughout the ordering process. However, upon hitting the final payment screen, Copaken was hit with two unexpected charges: a $2.17 “Service Fee” and a $3.00 “Courier Fee.”

The lawsuit alleges these charges were not properly disclosed earlier in the ordering process, making Shake Shack’s advertised prices misleading. Copaken argues that had she known the true cost upfront, she might have opted for a different restaurant or method of ordering. The complaint says that hundreds of thousands of customers have unknowingly paid similar fees.

Lawsuit Alleges Deceptive Pricing Practices

The lawsuit claims Shake Shack misrepresents the cost of its food and delivery services in several ways. The company advertises a $1.99 delivery fee but allegedly adds an undisclosed 'Courier Fee,' increasing the actual cost.

Additionally, a separate 'Service Fee' is applied to all online orders without prior disclosure. Unlike competitors that transparently list all costs, Shake Shack allegedly hides these fees until the final payment screen, making it difficult for consumers to make informed decisions."

The lawsuit also points out that Shake Shack’s website and app do not require customers to acknowledge any terms of service that might explain the fees, further concealing the true cost of their orders.

Shake Shack’s pricing practices run afoul of new laws designed to crack down on so-called “junk fees,” the lawsuit argues. In July 2024, California expanded its Consumer Legal Remedies Act to prohibit “drip pricing,” a practice in which businesses advertise a lower price only to add mandatory fees at checkout. 

Under this law, the price listed must reflect the full cost a consumer is required to pay. Federal regulators have also taken aim at hidden fees, arguing they harm consumers and distort fair competition. 

Other Restaurants Face Similar Lawsuits Over Hidden Fees

Shake Shack is far from alone in facing legal action over allegedly deceptive pricing practices. Other recent lawsuits include McDonald’s being accused of misleading customers about orange juice pricing in its breakfast deals, allegedly charging extra despite promotional materials suggesting it was included.

Chipotle has faced claims that it disguised service fees as sales tax on delivery orders, leading customers to pay more than expected, Meanwhile, Starbucks and Dunkin’ have also faced scrutiny for unexpected charges, such as fees for non-dairy milk or dine-in service.

In her lawsuit against Shake Shack, Copaken wants to represent other California consumers who have paid Shake Shack’s courier and service fees. She is suing for violations of the state’s consumer laws and is seeking damages, restitution, injunctive and declaratory relief, fees, costs, and damages.

Case Details

• Lawsuit: Copaken v. Shake Shack Inc.
• Case Number: 2:25-cv-01734
• Court: Superior Court of the State of California for the County of Los Angeles

Plaintiffs' Attorneys

• Jeffrey D. Kaliel, Sophia Goren Gold, and Scott Edelsberg (Edelsberg Law, P.A.)