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Pa. lawsuit alleges Chipotle keeping the change with cash-paying customers

Paula Reed Ward
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AP
Chipotle Mexican Grill is accused in a lawsuit of failing to give proper change to customers paying cash.
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Courtesy Rothman Gordon
This receipt shows Megan Fox’s receipt at the Chipotle on Perry Highway in Pine on Aug. 13
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Courtesy Rothman Gordon
This image shows Bridget McMahon’s purchase at the Chipotle on William Flynn Highway in Hampton on Aug. 18

A lawsuit seeking class-action status contends that Chipotle stores in Pennsylvania are not giving proper change to customers and instead are lining their pockets with it.

The complaint, filed Thursday in Allegheny County Common Pleas Court, alleges hundreds of thousands — if not millions — of dollars in consumer losses.

It provides two examples — on Aug. 13 at a store in Pine and on Tuesday in Hampton, in which customers were not given the change they were entitled to when they paid their bills.

A spokesman for the state Attorney General’s Office said that they have received five complaints similar to those filed in the lawsuit.

The lawsuit alleges misappropriation of consumer funds and unfair trade practices.

A message to Chipotle’s corporate office was not immediately returned.

On Tuesday, the complaint said, county resident Bridget McMahon went to the Chipotle at 4960 William Flynn Highway in Hampton. Her bill was $15.51, and she paid with a $20 bill.

In change, the complaint said, McMahon received just $4, even though her receipt said she received $4.49.

Attorney Frank G. Salpietro, who filed the complaint, said the cashier told McMahon, “’I’m only giving you the $4.’”

“They did say we don’t have any change,” Salpietro said. “But they’re only advising of that after they finish the transaction.”

He said the practice is occurring at many of the stores in the Pittsburgh area. Chipotle has 96 stores across Pennsylvania, he said.

“It’s our understanding this is a top-down policy,” Salpietro said. “We expect to be able to reveal more details later.”

Salpietro said he expects Chipotle to defend its actions by blaming the national coin shortage.

“That doesn’t give Chipotle license to line its own pockets during a pandemic,” he said. “It’s just wrong.”

Salpietro said that Chipotle’s practice disproportionately impacts people who can least afford it — customers who may not have access to a credit or debit card.

“This ‘company policy’ not only discriminates against consumers who do not have, or do not wish to use, credit cards, but also results in a tax-free cash windfall to Chipotle,” the lawsuit said.

In the other example cited in the complaint, Megan Fox went to the Chipotle at 11359 Perry Highway, in Pine, on Aug. 13 and ordered a steak burrito. Her bill was $8.72, and she, too, paid with a $20 bill.

Although she was due $11.28 in change — which was marked on her receipt — she received only $11, the lawsuit said.

Salpietro asserts that the stores could round the price of the food down or give customers a credit for their next purchase.

“They’re choosing to put money into their pockets when they collect that.”

Any consumer with a concern that a store is not providing clear notice that change won’t be given should file a complaint at www.attorneygeneral.gov.

Paula Reed Ward is a TribLive reporter covering federal and Allegheny County courts. She joined the Trib in 2020 after spending nearly 17 years at the Pittsburgh Post-Gazette, where she was part of a Pulitzer Prize-winning team. She is the author of "Death by Cyanide." She can be reached at pward@triblive.com.

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