Are you claiming the cups are mislabeled, that, they are truly using a 32oz cup and advertising THAT cup as 40oz? Yyou have a good chance of winning. Make sure you bring the mislabeled cup to court when your case is heard. You will win about a dollar for spending thousands filing a claim.
You MIGHT find an attorney willing to file a class action lawsuit, but customers will get only a few dollars.
You can only sue for actual damages. You aren't going to hit the jackpot.
I'm sure if you contact their corporate office, they will give a refund and correct the situation.
Depends - did you get ice plus drink or just drink. If you got ice plus drink, it is not false advertising - the cup holds 40 ounces, you just used some of it for ice to chill your fluid. If all you had was 32 ounces of fluid and you had filled up the cup, then you can sue - however, the expense is not worth it - your damages are 8 ounces of soft drink - what's that, 20% of a $1.50 drink - about 30 cents, times penalty which is usually 3x times damages - another 90 cents.
You are better off proving your case to the store manager and getting a few free drinks.
You can, try, and a attorney will only take on the case if they can make it into a Civil Lawsuit, where thousands of plaintiff`s get involved. and you all get reimbursed for the soda`s you bought if you can provide the receipts, and this is only after a judge orders it of Subway, which would be the conclusion of the lawsuit, and would take a very a long time.
There is no way, they are a huge company with bucks up the ying yang, and can afford some of the best lawyers. Don't waste your time and stop trying to get rich off of something so stupid like that.
if your going to sue over a 40oz cup, i dont think you should be sueing anyways, im pretty sure a huge corporation has better lawyers than you do..
I bought a large cup thinking that it was 40 oz, turns out it is only 32 oz when the cup clearly says 40 oz. Can i sue Subway for false advertising?
