A new class action lawsuit has been filed against a popular restaurant chain, alleging deceptive advertising practices that misled customers about how their food was prepared. On September 3, 2024, Dawn Di Maggio filed the complaint in the United States District Court for the Eastern District of New York against Outback Steakhouse of Florida, LLC.
According to the lawsuit, Di Maggio claims that Outback Steakhouse falsely advertised its food preparation methods, leading customers to believe that certain menu items were grilled on an outdoor barbecue using wood-fire, or smoking methods, when items were actually cooked using standard indoor kitchen equipment. The plaintiff argues that this misleading advertising caused her and other customers to overpay for meals based on these false representations. Specifically, the lawsuit points out items like "Grilled Chicken on the Barbie," "Outback Ribs," and "Grilled Shrimp on the Barbie" as examples of misleading descriptions.
Di Maggio asserts that she has been a frequent customer of Outback for many years and was influenced by these descriptions when making her purchases. She alleges that Outback's marketing materials—including television ads, online promotions, and in-house signage—emphasized unique preparation methods such as grilling on a barbecue pit with wood-fire or smoking the food. However, she contends that Outback does not possess such specialized equipment in its restaurants and instead uses traditional gas or electric kitchen appliances.
The plaintiff's complaint includes claims for violation of consumer protection statutes and unjust enrichment. She seeks various forms of relief from the court, including injunctive relief to stop Outback from continuing these alleged deceptive practices, monetary damages for herself and other affected customers, statutory damages, and punitive damages. Additionally, Di Maggio requests attorneys' fees and litigation costs be covered by Outback.
Representing Di Maggio are attorneys Jessica J. Sleater from Andersen Sleater Sianni LLC in Carmel, NY, and Ralph N. Sianni from Andersen Sleater Sianni LLC in Wilmington, DE (pending admission to EDNY). Case ID 1:24-cv-06144.