A Springdale man sued Subway claiming he was shorted on his sandwiches.
Vincent Gotter contends he bought sandwiches in January from a Subway in Springdale that, upon closer inspection, didn’t measure up.
“Upon investigation, plaintiff determined that the sandwiches that were sold and advertised as both six-inch and foot-long sandwiches were short of the measurements advertised,” according to the lawsuit.
Gotter didn’t say how short his subs were.
The lawsuit names the defendant as Doctor’s Associates Inc., of Little Rock, doing business as Subway. It seeks class action status to represent all customers who bought sandwiches at the fast-food chain in Arkansas during the past three years.
Claims include violation of the state Deceptive Trade Practices Act for misrepresenting in advertising the size of the subs being sold.
The lawsuit seeks damages of more than $150,000 but less than $5 million.
The lawsuit was initially filed in Washington County Circuit Court but was moved to federal court at the request of Doctor’s Associates, which says issues of diversity of residence and the amount of potential damages trigger federal jurisdiction.
Doctor’s Associates stated in the request it is a Florida corporation with its principal place of business in Connecticut.
The company disputes any improper marketing or sales practices. The company also contends the potential for damages could be more than $5 million, allowing for federal jurisdiction.
More than 30 million foot-long Subway sandwiches were sold in Arkansas between Jan. 25, 2010 and January 25, 2013, according to the notice of removal. The average price was more than $5 each. Sales of foot-longs for the period were at least $151.1 million.
The company said it sold more than 18 million six-inch subs during the time period with the average price being more than $2 each. Sales of six-inch subs for the period was at least $36.7 million.
“Based on Gotter’s own proposed damage metric, if the sandwiches in question were 3 percent too short, or a quarter inch for a foot-long sub and an eighth of an inch for a six inch sub, the amount of damages would be $5,637,539,” according to the notice of removal.
The suit also seeks attorney fees, which in class actions are usually 30 to 33 percent of any damages recovered.
Subway has been hit with a number of lawsuits around the country and even in Australia claiming their subs don’t measure a full 12 inches. The company recently issued a statement saying it was taking steps to make sure sandwiches are uniform in length.
“We have redoubled our efforts to ensure consistency and correct length in every sandwich we serve,” the statement said. “Our commitment remains steadfast to ensure that every Subway Footlong sandwich is 12 inches at each location worldwide.”