Springdale’s Subway “Footlong” Lawsuit Goes To Feds In Wisconsin
A Springdale man’s lawsuit against Subway over the term “footlong” to describe the company’s sandwich lengths has been consolidated with other similar cases around the country and transferred to a federal court in Wisconsin, according to attorneys and court documents.
Vincent Gotter’s February lawsuit against the sandwich-making franchise claims sandwiches he purchased at a Springdale Subway location were not as long as the six inches and one foot that are advertised. Nine other federal lawsuits from New Jersey to California make similar claims and were consolidated by a Washington, D.C., legal panel into a single lawsuit out of the Eastern District of Wisconsin, court documents show.
Gotter said the “footlong” sandwiches are actually 11.5 inches, losing him money long-term over the many lunches he has had at the restaurant. Dale Evans, Gotter’s Fayetteville attorney, told 5NEWS Subway’s advertising intentionally lies about the sandwich’s actual size. He brought up an example of Subway’s popular “$5 footlong” television commercials, that show actors holding their hands out with a ruler separating them, denoting the size of the advertised sandwich.
Fine print at the bottom of the commercial would have sufficed, but without a warning to consumers, the company violates truth in advertising, Evans said.
The attorneys in the case have until next week to put forward a new, consolidated complaint in federal court that encompasses all of the plaintiffs. That deadline, though, may be extended, Evans said.
A discovery hearing in the case could be set by the beginning of next calendar year. Evans said he estimates a pending trial could begin as early as next summer.
Evans said no particular dollar amount has been requested by the plaintiffs because they seek foremost to stop Subway from further false advertising. However, attorneys in the case initially sought damages of more than $5 million and said the sought amount could reach as high as $30 million or $40 million.