Jordan v. Penegor

Defendant: Wendy's
Food & beverageFalse advertising
CourtDistrict Court, W.D. Kentucky
Case Number3:26-cv-00887
FiledOctober 27, 2026
StatusPending

What this case is about

Plaintiffs allege that Wendy's, led by CEO Todd Penegor, misled customers about the prices of its menu items, particularly through its digital menu boards. The lawsuit claims that Wendy's advertised plans to introduce surge pricing or dynamic pricing — meaning prices would increase during busy times of day — which plaintiffs say constitutes deceptive and unfair business practices. Customers were allegedly misled into believing they would pay advertised prices but could instead face higher charges during peak hours. The proposed class is expected to include consumers across the United States who purchased or were affected by Wendy's pricing practices during the relevant period, though the exact class definition has not yet been formally certified by the court.

What happens next

The case is in its earliest stage. The defendant has not yet responded. Class certification — the court's decision on whether the case can proceed as a class action — typically takes 12 to 24 months after filing.

Source: CourtListener docket entry. This summary was generated automatically and may not reflect subsequent filings.

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