Breach of contract? (it's only a $1 but still....)

[Marluna11]

What is the name of your state? New York

A nationwide fast food restaurant has on its receipt that if you take an online survey, you will get a survey code that allow you to get a free sandwich with the purchase of another sandwich.

You must take the survey within 7 days of your purchase and you have 30 days to redeem.

On 9/7, I went to the same restaurant with a receipt dated 9/1 and ordered 2 sandwiches, 1 of which would be free.

I was told that the restaurant could not honor my survey code because they currently have a promotion that if a customer bought a sandwich, they could get a second one for $1. Their register was not set up to override any other promotions and that this was a corporate decision. I therefore had to pay $1 for the second sandwich.

I contacted corporate to see if this was indeed their policy. Corporate sent me a vague apology saying they were sorry I was disappointed with my visit and that feedback like this was very important to them.

If this was their nation-wide policy, this means that potentially thousands of customers would be charged $1 even though they had receipts/survey codes saying their second sandwich would be free.

My question: is there anything I can do to get my $1 back or make this restaurant chain honor their promise to give a free sandwich to those who took the time to take the survey?

 

[quincy]

What is the name of your state? New York

A nationwide fast food restaurant has on its receipt that if you take an online survey, you will get a survey code that allow you to get a free sandwich with the purchase of another sandwich.

You must take the survey within 7 days of your purchase and you have 30 days to redeem.

On 9/7, I went to the same restaurant with a receipt dated 9/1 and ordered 2 sandwiches, 1 of which would be free.

I was told that the restaurant could not honor my survey code because they currently have a promotion that if a customer bought a sandwich, they could get a second one for $1. Their register was not set up to override any other promotions and that this was a corporate decision. I therefore had to pay $1 for the second sandwich.

I contacted corporate to see if this was indeed their policy. Corporate sent me a vague apology saying they were sorry I was disappointed with my visit and that feedback like this was very important to them.

If this was their nation-wide policy, this means that potentially thousands of customers would be charged $1 even though they had receipts/survey codes saying their second sandwich would be free.

My question: is there anything I can do to get my $1 back or make this restaurant chain honor their promise to give a free sandwich to those who took the time to take the survey?

You can approach the manager and/or owner of the franchise and express your disappointment. They might give you a free sandwich as a gesture of goodwill.

 

[Zigner]

I would bet that there is a caveat along the lines of "at participating locations".

 

[adjusterjack]

is there anything I can do to get my $1 back or make this restaurant chain honor their promise to give a free sandwich to those who took the time to take the survey?

Sure.

Option 1 - File suit in small claims court. You'll probably win. Likely by default. Then you'll have to spend time, effort and money trying to collect. You'll amuse lots of people along the way.

Google Pyrrhic Victory.

Option 2 - Get over it.

 

[not2cleverRed]

I would bet that there is a caveat along the lines of "at participating locations".

Then the survey promotion should have only been printed on receipts from the participating locations.

OP's receipt with the promotion info was from the same location as where OP tried to use the promo survey code.

Sure.

Option 1 - File suit in small claims court. You'll probably win. Likely by default. Then you'll have to spend time, effort and money trying to collect. You'll amuse lots of people along the way.

Google Pyrrhic Victory.

Option 2 - Get over it.

Option 3 - Take your business elsewhere.

 

[TimStudiesLaw]

Do it in 2 orders, 1 sandwich each.

 

[LdiJ]

Then the survey promotion should have only been printed on receipts from the participating locations.

OP's receipt with the promotion info was from the same location as where OP tried to use the promo survey code.



Option 3 - Take your business elsewhere.

4th option...contact the corporation headquarters for the chain and make a complaint. You can normally do it online. I would give odds that they will give you coupons and/or gift cards that would more than make up for your loss.

 

[Marluna11]

4th option...contact the corporation headquarters for the chain and make a complaint. You can normally do it online. I would give odds that they will give you coupons and/or gift cards that would more than make up for your loss.

I contacted corporate twice and got the EXACT same message both time: they were sorry I was disappointed with my visit and feedback is very important to them.
The thing is, if I had known I would be made to use the "buy 1, get 1 for $1" promotion just like anyone else coming in off the street, I would not have wasted my time to complete the survey. The survey they request their customers to take because, you know, feedback is so important to them they are willing to give them a free sandwich.

 

[cbg]

Okay, bottom line. How much money are you willing to throw at this for the sake of a free sandwich?

 

[not2cleverRed]

I contacted corporate twice and got the EXACT same message both time: they were sorry I was disappointed with my visit and feedback is very important to them.
The thing is, if I had known I would be made to use the "buy 1, get 1 for $1" promotion just like anyone else coming in off the street, I would not have wasted my time to complete the survey. The survey they request their customers to take because, you know, feedback is so important to them they are willing to give them a free sandwich.

This is a standard, nonspecific, automated customer service message.

Until you get in contact with a real person, that is all you will get.

What you have encountered is a form of "bait and switch", to my way of thinking. Whether it rises to the legal level of being in violation of one of New York's Consumer Protection From Deceptive Acts and Practices (§349-350-e) remains to be seen.

 

[Marluna11]

Okay, bottom line. How much money are you willing to throw at this for the sake of a free sandwich?

I'm not willing to spend any money on this - I know it's a losing battle and I need to move on. I just don't like being taken advantage of by a large corporation who is represented by a creepy-looking clown.

 

[not2cleverRed]

I'm not willing to spend any money on this - I know it's a losing battle and I need to move on. I just don't like being taken advantage of by a large corporation who is represented by a creepy-looking clown.

Their food sucks anyhow.