What Is the Arby's Lawsuit?
The Arby's lawsuit is a federal false advertising class action, Alongis v. Arby's Restaurant Group, Inc., that ended in a settlement in principle in December 2025. Joseph Alongis, a New York customer, filed it in the U.S. District Court for the Eastern District of New York on September 5, 2023. He alleged that Arby's menu photographs showed about twice the meat customers received. He also alleged they showed rare roast beef that customers did not get.
Several other legal matters also carry the Arby's name. They include a fry and drink size suit in Queens County. They also include a franchisee employee data breach case and a closed 2019 data breach settlement. Each is separate from the Alongis case.
“This is a class action against Arby's for unfair and deceptive trade practices for selling the Overstated Menu Items based on materially false and misleading advertisements concerning the amount and quality of meat contained therein.”
Source: Alongis v. Arby's Restaurant Group, Inc., No. 2:23-cv-06593 (E.D.N.Y.), First Amended Class Action Complaint, Document 16, paragraph 2 (filed November 16, 2023)
Why Was the Arby's Lawsuit Filed?
The Arby's lawsuit was filed because Joseph Alongis alleged that Arby's menu photos overstated the meat in his sandwiches. He alleged they showed about twice the meat and rare roast beef. According to the amended complaint, he bought two sandwiches at an Arby's in Bellmore, New York, on August 3, 2023. They were a Double Beef 'N Cheddar for $7.69 and a Smokehouse Brisket for $7.39. He alleged each held less than half the meat he expected.
The complaint alleged that the same photographs appeared on in-store menu boards, in drive-thru lanes, and on Arby's website. It said they also appeared on Uber Eats, Grubhub, Seamless, and DoorDash. The proposed class covered New York purchases of seven named sandwiches since September 5, 2020.
The original September 2023 complaint also described how the photos were allegedly staged, with the meat pushed to the front of the sandwich and propped up so it looked larger. Arby's has not been found liable for any of these allegations.
What Harms Does the Arby's Lawsuit Allege?
The Arby's lawsuit alleges three distinct harms, and all of them are financial. They are an overstated meat quantity, a misrepresented meat quality, and the resulting overpayment. No personal injury claim appears in the Alongis complaint. Each harm is defined in plain language below, followed by what the complaint and the court said about it.
Overstated Meat Quantity
An overstated quantity is an advertisement that suggests a buyer will receive more of a product than the product actually contains.
The complaint alleged that Arby's photographs made its sandwiches look like they held "at least 100% more meat" than customers received. On September 29, 2025, the court found that claim plausible for most of the named sandwiches. It reasoned that the photographed meat plausibly appeared to be at least double the amount actually sold.
The court dismissed the quantity claim for the Half Pound Roast Beef and Half Pound Beef 'N Cheddar. It reasoned that each sandwich name states a half pound of meat, and the complaint did not allege customers received less than that.
Misrepresented Roast Beef Quality
A quality misrepresentation is an advertisement that shows a product as a different type or grade than the product actually sold.
The complaint alleged that the photos showed rare, reddish roast beef while customers received fully cooked roast beef, which it called materially lower in value. The court allowed this claim to proceed in its September 2025 ruling.
It found the photos were provable as true or false rather than vague opinion, so the claim could not be dismissed as puffery at the pleading stage. That ruling decided only that the claim was plausible, not that the photos were deceptive.
Overpayment and Related Costs
Overpayment damages are the difference between the price a buyer paid and the lower value of what the buyer actually received.
The amended complaint sought damages of at least the price Arby's charges for double the meat, plus travel costs and delivery or pickup fees and tips. It also sought statutory damages of $50 per unit under General Business Law section 349 and $500 per unit under section 350. No court awarded any of these amounts.
What Is the Current Status of the Arby's Lawsuit?
The current status of the Arby's lawsuit is that the Alongis case is closed after a settlement in principle, as of November 2026. Two other Arby's-related proceedings are listed below. None of the sources reviewed reports a ruling in either one.
Alongis v. Arby's Restaurant Group, Inc.
The court's order says all claims were settled in principle, and Judge Nusrat J. Choudhury dismissed the action on December 9, 2025. The order allowed either side to reopen the case by January 5, 2026 if the settlement was not completed. OpenClassActions reports that a stipulation of dismissal was docketed on January 6, 2026 and that no class was certified. None of the sources reviewed publish the settlement terms.
| Proceeding Type | Federal proposed class action, consumer false advertising |
| Court | U.S. District Court, Eastern District of New York (Judge Nusrat J. Choudhury) |
| Case Number | 2:23-cv-06593 |
| Filed | September 5, 2023 |
| Claims | N.Y. General Business Law sections 349 and 350 (amended complaint, November 16, 2023) |
| Status | Settled in principle December 8, 2025; dismissed December 9, 2025 |
Source for the dismissal: the court's December 9, 2025 order.
Nelson v. Arby's (Queens County Supreme Court)
Melissa Nelson of Ridgewood, Queens, filed a proposed class action in late December 2024 over fry and drink sizes. The suit alleges Arby's phased out its kids' fries, relabeled the old small as medium and the old medium as large, and shrank drinks without lowering prices or telling customers. No ruling or settlement was found in the coverage reviewed, so the current status is unconfirmed. The New York State courts' eCourts system is the place to check the docket.
| Proceeding Type | State proposed class action, alleged shrinkflation |
| Court | Supreme Court of the State of New York, Queens County |
| Filed | Late December 2024 |
| Plaintiff | Melissa Nelson of Ridgewood, Queens |
| Status | No ruling or settlement reported in the sources reviewed |
Ruff v. DRM Inc. d/b/a Arby's (Employee Data Breach)
Alex Ruff sued the Arby's franchise operator DRM Inc. in federal court in Georgia over a March 2024 data breach that exposed current and former employee records. The complaint alleges the exposed data included Social Security numbers and driver's license numbers. A representative of Inspire Brands, Arby's parent company, told ClassAction.org that no corporate Arby's locations were affected. A current docket status was not confirmed in the sources reviewed.
| Proceeding Type | Federal proposed class action, data breach (employees) |
| Court | U.S. District Court, Northern District of Georgia |
| Case Number | 1:24-cv-01902-SEG |
| Defendant | DRM Inc., an Arby's franchise operator, not Arby's Restaurant Group |
| Status | Not confirmed from a primary source |
Is There an Arby's Lawsuit Claim Form or Payout?
No. There is no Arby's lawsuit claim form or payout open to customers, because the Alongis case settled in principle and was dismissed before any class was certified. The sources reviewed describe no settlement fund, administrator, website, or deadline.
The terms of the Alongis settlement are not public in the sources reviewed, so any individual payment to the named plaintiff or counsel cannot be confirmed. Only a qualified attorney reviewing the actual court filings can confirm the details.
The only Arby's class settlement with a claim process was a payment card data breach settlement that closed in 2019, covered under the related cases below.
No court filing or company announcement reviewed mentions a $2,500 Arby's payment. A page offering one, or asking for personal or payment details to join an Arby's class action, deserves caution.
Pages that invite visitors to "sign up" for an Arby's class action often point to a marketing promotion rather than a court case. That promotion is also described below.
Arby's Lawsuit Updates
Here are the latest Arby's lawsuit updates, covering new court filings, rulings, and case-count reports as they're confirmed. A settlement in the Alongis menu photo case was reached as of November 2026, detailed in the timeline below. The timeline below tracks every confirmed development from the first filing forward.
Arby's Lawsuit Timeline of Events
Stipulation of Dismissal Docketed in the Alongis Case
OpenClassActions reports that the parties' stipulation of dismissal in Alongis v. Arby's Restaurant Group, Inc. was docketed in the Eastern District of New York on January 6, 2026, one day after the court's deadline to reopen the case passed.
Court Dismisses the Alongis Case After Settlement in Principle
Judge Nusrat J. Choudhury dismissed Alongis v. Arby's Restaurant Group, Inc., No. 2:23-cv-06593, in the Eastern District of New York, cancelled all conferences, and directed the clerk to close the case. The order allowed either party to ask to reopen it by January 5, 2026.
Arby's and Alongis Settle in Principle
An electronic order dated December 8, 2025 in the Alongis case recorded that all claims had been settled in principle. The court's December 9 order cites that entry. The settlement terms were not made public in the sources reviewed.
Court Mostly Denies Arby's Motion to Dismiss
Judge Nusrat J. Choudhury denied most of Arby's motion to dismiss in the Alongis case, allowing the rare roast beef and double-meat claims to proceed under New York General Business Law sections 349 and 350. She dismissed the volume claims tied to the Half Pound Roast Beef and Half Pound Beef 'N Cheddar sandwiches.
Arby's Returns Potato Cakes With a Marketing "Pre-Class Action Lawsuit"
Arby's brought Potato Cakes back nationwide on February 24, 2025 and launched a promotional "pre-class action lawsuit" sign-up. It is a marketing campaign, not a court case, and it is described in the related cases section below.
Queens Woman Sues Arby's Over Fry and Drink Sizes
The New York Post reported on December 28, 2024 that Melissa Nelson of Ridgewood, Queens, filed a proposed class action in Queens County Supreme Court alleging Arby's shrank its fry and drink sizes without lowering prices or telling customers.
Employee Data Breach Class Action Filed Against Arby's Franchisee DRM Inc.
Alex Ruff filed Ruff v. DRM Inc. d/b/a Arby's, No. 1:24-cv-01902-SEG, in the Northern District of Georgia over a March 2024 breach that exposed current and former employee records held by the Arby's franchise operator DRM Inc.
Alongis Files an Amended Complaint
Joseph Alongis filed a First Amended Class Action Complaint on November 16, 2023 in Alongis v. Arby's Restaurant Group, Inc. It proceeded on New York General Business Law sections 349 and 350 and proposed a class of New York purchasers of seven named sandwiches since September 5, 2020.
Alongis Files the Arby's False Advertising Class Action
Joseph Alongis filed Alongis v. Arby's Restaurant Group, Inc., No. 2:23-cv-06593, in the Eastern District of New York on September 5, 2023. The original complaint pleaded breach of contract and unjust enrichment alongside the two New York consumer-protection statutes.
Wagyu Burger Class Action Voluntarily Dismissed
ClassAction.org reports that the plaintiff in Jaghori v. Arby's Restaurant Group, Inc., No. 1:22-cv-05806 in the Southern District of New York, voluntarily dismissed the wagyu burger suit without prejudice on September 1, 2022. The notice did not state a reason.
Jaghori Files a Class Action Over Arby's Wagyu Burgers
Jason Jaghori filed Jaghori v. Arby's Restaurant Group, Inc. in the Southern District of New York on July 7, 2022, alleging Arby's wagyu burger patties contained 48% regular Angus beef.
Court Grants Final Approval to the 2019 Arby's Data Breach Settlement
Top Class Actions reports that the Northern District of Georgia granted final approval on June 6, 2019 to the $2 million Arby's payment card data breach settlement in Weiss v. Arby's Restaurant Group, Inc., No. 1:17-cv-01035.
Credit Union Sues Arby's Over a Payment Card Breach
Business Insurance reported that Midwest America Federal Credit Union filed a proposed class action against Arby's Restaurant Group, Inc. in federal court in Atlanta on February 10, 2017, over a payment card breach that Arby's had announced earlier that month.
What Did Arby's Say About Its Menu Photos in the Lawsuit?
Arby's said in a September 2023 statement quoted in the amended complaint that promotional images "are stylized for visual appeal and may not depict the exact portion size." The company added that it was continuously working to improve the transparency of its marketing materials. The complaint responded that Arby's does not tell customers this before they buy.
Arby's Restaurant Group, Inc. is a Delaware corporation headquartered in Atlanta, Georgia, according to the amended complaint. In court it argued the photos were non-actionable puffery, an argument the court rejected for the quality claim at the pleading stage. Arby's was represented by Alston & Bird LLP, according to a VitalLaw summary of the ruling.
How Does the Alongis Case Compare to Other Arby's Lawsuits?
The Alongis case compares to other Arby's lawsuits mainly by subject. It was a menu advertising claim, while the others involve data breaches, marketing, or workplace and food safety allegations. Only the 2019 data breach case ever produced a claim form.
| Matter | Forum | What It Alleges or Is | Status |
|---|---|---|---|
| Weiss v. Arby's Restaurant Group, Inc. (No. 1:17-cv-01035) | N.D. Ga. | Card data stolen from corporate-owned Arby's restaurants between October 2016 and January 2017 | $2 million settlement, final approval June 6, 2019, claims closed |
| Jaghori v. Arby's Restaurant Group, Inc. (No. 1:22-cv-05806) | S.D.N.Y. | Wagyu burgers allegedly contained 48% regular Angus beef | Voluntarily dismissed without prejudice September 1, 2022 |
| Potato Cakes "pre-class action lawsuit" | Not a court case | Arby's marketing promotion: $1 million of Arby's food split among signees if Potato Cakes are removed before December 31, 2026 | Promotion tied to the February 2025 return of Potato Cakes |
| Wrongful death suit over a New Iberia, Louisiana restaurant | Harris County, Texas | Family of a manager who died of hypothermia in a walk-in freezer alleges a long-broken latch; defendants include the franchise operator, Arby's Restaurant Group, and Inspire Brands | Filed 2023; no outcome found in the sources reviewed |
| Civil suit over an alleged food tampering incident in Broken Bow, Oklahoma | McCurtain County, Oklahoma | A customer alleges a manager spat in a sandwich and transmitted a virus; reported as filed June 2026 | Allegations only; no ruling reported |
A real payout in the 2019 case required a claim form and documentation of unreimbursed expenses, with reimbursement of up to $5,000 per class member. The Alongis case offered nothing comparable. The wrongful death and Oklahoma matters are allegations in civil complaints, and no court has found any defendant liable.
Frequently Asked Questions
What is the Arby's lawsuit about?
The Arby's lawsuit is a federal false advertising class action filed by Joseph Alongis in 2023, alleging Arby's menu photos showed about twice the meat, and rare roast beef, that customers received. Several other Arby's matters share the name but are separate cases.
Is the Arby's lawsuit a class action?
The Arby's lawsuit filed by Alongis was brought as a proposed class action for New York customers who bought seven named sandwiches since September 5, 2020. The sources reviewed report that no class was ever certified before the case was dismissed.
Is there an Arby's class action lawsuit claim form?
There is no Arby's class action lawsuit claim form open today for the menu photo case, because that case settled in principle and was dismissed in December 2025. No fund, administrator, or deadline appears in the sources reviewed.
Did Arby's settle the lawsuit?
Arby's settled the lawsuit with the plaintiff in principle, according to the court's December 9, 2025 dismissal order. The terms were not public in the sources reviewed, and the settlement did not create a class payout.
Is the Arby's pre-class action lawsuit sign-up real?
The Arby's pre-class action lawsuit sign-up is a real marketing promotion, not a court case. It tied to the February 2025 return of Potato Cakes and offered $1 million of Arby's food split among signees only if the item is removed before December 31, 2026.
Is the Arby's data breach settlement still open?
The Arby's data breach settlement is closed. The $2 million payment card settlement in the Northern District of Georgia received final approval on June 6, 2019, and its claim period has ended.