The News-Herald
IT'S ALL YOU REALLY NEED

Tuesday, Feb. 25, 1992
Vol. 113, No. 292 35 cents

Have it your way

Painesville Burger King settles lawsuit over its "meal deal" offer

By Jennifer Aylsworth
News-Herald Staff Writer

Burger King might have what you want, but not at the price a Painesville lawyer liked.  The fast food restaurant,  Painesville offered a "BK Meal Deal" - a sandwich, fries and a soft drink - for the same price as the individual items added together.

Howard Rabb said the use of the "meal deal" was deceptive.  He filed a class-action lawsuit in Painesville Councilman Gregory W. Klucher's name against two local franchise owners in February.  He alleged the practice was a unconscionable sales practice.

The lawsuit was settled Monday, but Rabb said he agreed to not discuss settlement terms.

However, some of the money will be donated to a local charity.  Burger King stopped offering the "meal deal" about a month after the lawsuit was filed, Rabb said.

Lawyer Marvin N. Halpern said in court documents that Spence Management Services and Downtown Restaurants Inc., both of Warren, were not trying to trick customers.

"The sale of food products in a combination equal to the Aggregate sale price of the constituent items thereof is neither a deceptive sales practice nor an unconscionable sales practice," Halpern wrote.

Rabb was glad he pursued the case.  "It won't happen anywhere else," he said.