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August 13, 2012 / Scott Tillett

A Fish Tale: Consumers File False Advertising Class Action Against Sharky’s Restaurant

On August 1, 2012, Duana Chenier and other California consumers filed a class action lawsuit against Sharky’s Franchise Group, LLC (owners of Sharky’s Woodfired Mexican Grill) in Orange County, California, alleging that the restaurant misrepresented the contents of their menu items.  The complaint alleges that the menu boards at Sharky’s restaurants uniformly misrepresent menu items including “World Famous Tempura Mahi Mahi Tacos” and “Mahi Mahi Power Plate” as containing Mahi Mahi fish, when in fact, they do not.  The plaintiffs allege that they relied upon the restaurant’s false and misleading representations in purchasing these menu items and that they would not have purchased them but for the misrepresentations.

The complaint alleges violations of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act.   The plaintiffs seek disgorgement of profits generated from the sale of the offending menu items, restitution to be paid to each class member for the purchase price of those items, public disclosure of the allegedly false and misleading representations and advertisements, an order enjoining the restaurant from continuing these practices, and compensatory and punitive damages.

Have you been victimized by fraud or other consumer-related injustice?  If so please contact Khorrami, LLP for a confidential consultation.

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