Who is a Class Member
The Fogle Restaurants class action lawsuit includes “all individuals who dined at one of the Fogle Restaurants (Fall Creek Steak and Catfish House, Great American Steak and Chicken House, Whipper Snappers, Peppercorn, Baldknobbers, or Plantation), between February 28, 2009 and February 28, 2014, for non-business-related purposes and who paid a CDF Fee.”
Note: If you only dined at one of the Fogle Restaurants while at a company lunch or for another business-related purpose, you are not part of the Settlement Class.
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
- CDF Fee Refund
Class members who submit a valid and timely claim along with proof of purchase (see below), can receive:
- 1 percent of the bill if they dined at a Fogle restaurant between Feb. 28, 2009 and June 1, 2011
- 1.5 percent of the bill if they dined at a Fogle restaurant between June 2, 2011 and Feb. 28, 2014
Proof of Purchase
- In order to receive a full refund of the CDF fee, you will need to provide a receipt or credit/debit card statement evidencing the total amount of your bill, OR provide some other documentary evidence of your visit (e.g. a photograph, etc.), as well as an approximation of the amount of your bill. Do not include information for any dining experience where you specifically asked to have the CDF Fee removed from your bill.
Fogle Restaurants Settlement Notes
- Richard McMillin v. Fogle Enterprises Inc., et al.
- Case No.14AF-CC00154-01
- Pending in the Circuit Court of Christian County, Missouri
Plaintiff Richard McMillin filed this class action lawsuit against Fogle Restaurants alleging the company unlawfully included a 1-1.5% charge (CDF Fee) on each of its customers’ bills without properly disclosing the presence of the fee or that the funds collected were used for non-charitable purposes.
A CDF fee, also known as a “Community Development Fee” is often mistaken for a tax. Actually, it is a charge imposed by many businesses and restaurants that is voluntary and is supposed to go towards charity or non-profit organizations such as American Cancer Society, Christian Action Ministries, Project Graduation, etc.
Branson, Missouri residents will recognize Fogle Restaurants as Creek Steak and Catfish House, Great American Steak and Chicken House, Whipper Snappers, Peppercorn, Baldknobbers, or Plantation.
“Defendants have unjustly, unfairly, and unlawfully implemented a scheme that resulted in its customers paying hundreds of thousands of dollars for something Defendants describe as ‘Com Dev Fund’ at the bottom of its receipts,” the Fogle Restaurants CDF Fee class action lawsuit states.
“This amount is automatically added onto each customer’s check in addition to the amounts advertised and charged for food, service and tax.”
Charging a CDF fee is a violation of the Missouri Merchandising Practices Act is illegal, McMillian claims, since Fogle Restaurants reportedly do not use the money for charitable purposes, but instead for its own revenue.
Fogle Restaurants deny any liability but agreed to settle claims for $320,000 to avoid the burden and cost associated with further litigation. Complete details about the case and settlement are provided on the Fogle Restaurants settlement website.
Class members who wish to object to or exclude themselves from the Fogle Restaurants settlement must do so by October 28, 2018. Class members who wish to participate in the settlement must submit a claim form on or before October 28, 2018.
- 10/28/18: Claim Form Deadline
- 10/28/18: Objection or Exclusion Deadline
- 12/14/18: Final Hearing at 11:00 am CT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.FogleSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Fogle Settlement Administrator, c/o Angeion Group, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103
- Email: info@FogleSettlement.com