this post was submitted on 20 Apr 2024
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A North Texas man has filed a class action lawsuit against Cinemark, claiming the movie theater chain is lying to customers about the size of its drinks.

Shane Waldrop claims that Cinemark's 24 ounce cups can only hold 22 ounces of liquid, according to the lawsuit filed in the US District Court for the Eastern District of Texas.

On Feb. 14, Waldrop went to the Cinemark in Grapevine and purchased the 20 ounce and 24 ounce draft beer.

He noticed the 24 ounce cup did not appear to be big enough to hold 4 more ounces of liquid.

Waldrop took the empty container home and measured how much it could hold, discovering it only held 22 ounces.

Waldrop and his legal team says the movie theater chain is taking part in "deceptive" and "otherwise improper" business practices that violate state and federal laws about misbranding.

"This is especially misleading because the 24 oz drink should provide a deal for consumers over the 20 oz drink’s price: $0.37 per ounce vs. $0.39 per ounce. But due to the actual volume of 22 oz available in the ‘24 oz’ drink, the price is $0.40 per ounce making the larger drink more expensive per ounce, which is not a deal at all," reads the lawsuit.

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[–] [email protected] 7 points 5 months ago (1 children)

I totally approve of these types of lawsuits.

[–] [email protected] -3 points 5 months ago (7 children)

I do too, but I wonder what kind of mental problem that guy has to invest money in lawyer and court fees, plus tons of personal time, to get this going.

[–] [email protected] 7 points 5 months ago (2 children)

The mental illness known as "tired of everyone getting fucked with no recourse"

[–] [email protected] 1 points 5 months ago (1 children)

He appears to have some kind of backbone

[–] [email protected] 0 points 5 months ago (1 children)

That's the primary feature of texans. It's so big it actually fills most of the cranium.

[–] [email protected] 0 points 5 months ago (1 children)

I'd rather be courageous than smart

[–] [email protected] 1 points 5 months ago

Yes, the world needs more knuckle-dragging grunts to take advantage of.

[–] [email protected] 1 points 5 months ago

I should ask my psychologist if she can help me get rid of that feeling without focusing on just the symptoms.

[–] [email protected] 5 points 5 months ago* (last edited 5 months ago)

i wonder what kind of mental illness some already rich bigwig has to have to defraud even our fucking soda

[–] [email protected] 3 points 5 months ago (1 children)

The lawyer probably took the case on a contingent basis (doesn't get paid unless he wins), and the dude will probably get a fat check. That's not a mental problem, that's cashing in big on a corporate lie he discovered.

[–] [email protected] 0 points 5 months ago (1 children)

a fat check.

idk how much he'll actually get considering his damages are a couple ounces of beer.

[–] [email protected] 1 points 5 months ago

As a Class Action lawsuit, it is a couple ounces of beer across every person who has ordered a 24oz. Could be pretty lucrative

[–] [email protected] 2 points 5 months ago* (last edited 5 months ago)

None, these types of cases barely ever go to trial, they will end with a settlement of which the lawyers will take a portion as compensation.

[–] [email protected] 0 points 5 months ago* (last edited 5 months ago) (1 children)

One of the many symptoms of autism is having a very strong sense of justice and demanding fairness in all things, sometimes to an obsessive degree. He's probably just one of us.

[–] [email protected] 0 points 5 months ago (1 children)

L take, not everyone is autistic.

[–] [email protected] 0 points 5 months ago (1 children)

Not everyone would spend the money and time to sue a business over 2 ounces of liquid, either.

[–] [email protected] 0 points 5 months ago (1 children)

Working on contigent. The guy gets a large payout and the lawyers take a percentage.

[–] [email protected] 0 points 5 months ago (1 children)

large? That's not how class action works at all.

[–] [email protected] -1 points 5 months ago

Large overall, not saying anything about the amount per person.

[–] [email protected] 0 points 5 months ago (1 children)

I dunno, standards? Principles?

Sometimes it's about that, not personal gain

[–] [email protected] 1 points 5 months ago

Isn't it fucked up that expecting what you paid for has left people asking what mental problems he has? That's how far we've fallen.

[–] [email protected] -1 points 5 months ago (1 children)
[–] [email protected] 0 points 5 months ago (1 children)

Yes, having a drink while out and about having a good time is definitely a sign of alcoholism...

[–] [email protected] -1 points 5 months ago

Unfortunately I'm seeing far too often younger people think that having a single beer makes you an alcoholic.

[–] [email protected] 7 points 5 months ago (2 children)

I'm still fascinated that "calibrated" glasses are not more common. In Germany, you won't get any beer without any markings where the volume is indicated.

https://de.m.wikipedia.org/wiki/F%C3%BCllstrich#/media/Datei%3AWeizenbier.jpg

[–] [email protected] 2 points 5 months ago (1 children)

Calibrated glasses are very on-brand for Germany.

[–] [email protected] -1 points 5 months ago

Because capitalism...

[–] [email protected] 1 points 5 months ago* (last edited 5 months ago)

In Canada a pint is a legal measurement of 20oz / 568ml

If you advertise beer on the menu as a pint, it must be at least 19.5oz excluding head(allowable margin of error)

What happens though is countless places advertise a pint, and then give you something like 16-18oz which is against the law.

It's gets harder tell what you're getting as well when they serve in non standard pint glasses, or glasses without a pint mark.

[–] [email protected] 0 points 5 months ago (2 children)

I'm usually against frivolous cases like this over nothing, but if he actually did measure that it's impossible to hold 24 oz in a cup labeled that way, then he does have a good case. I think the case would be more on the supplier that provides the cups to Cinemark though, and less on the theater that's taking the word of the supplier.

[–] [email protected] 1 points 5 months ago

Not frivolous

[–] [email protected] 1 points 5 months ago

This is only frivolous if you think of it as being about 2 ounces of beer. Its not. Its about hundreds of thousands of people paying for something that they did not recieve. When you add it all up its quite a lot of stolen money! Also its absolutely Cinemark's fault, even assuming they were given the wrong cups by the distributor (which is a bad assumption) its on Cinemark to make sure they are providing what they claim they are.

[–] [email protected] 0 points 5 months ago (1 children)

No one will care. They will pay whatever fine, and pay whatever members of this class, and then they will keep doing the same shit.

[–] [email protected] 1 points 5 months ago (1 children)

If they keep doing the same shit I’ll sue them again, citing their previous lawsuit and any injunctive relief ordered in the previous trial when presenting my case.

[–] [email protected] 1 points 5 months ago

They'll just call it something different and hide the size in small print. Or they'll increase the price so that the large is still $.40 per oz since people don't usually do the math these days and just assume larger things are a better deal. A lot of times they aren't anymore because companies don't care as much about selling a lot as they do about profit on the sale due to there not being much competition with all the consolidation.

[–] [email protected] 0 points 5 months ago (2 children)

He really needed those last 2 ounces of beer

[–] [email protected] 1 points 5 months ago

If the amount I’m being priced for is that amount and you short me? Fuck yeah. We should never be ok with not getting what we paid for. There’s too much shrinkflation and deception.

[–] [email protected] 1 points 5 months ago

Do you really need the last 8% of the pay that you earned?

[–] [email protected] 0 points 5 months ago (1 children)

Legit question: does the FDA do a weights and measures things for restaurants?

[–] [email protected] 0 points 5 months ago (1 children)

Having owned, partly owned, or at least been very friendly with restaurant and bar owners...

...no, no they do not. Maybe they do if you end up on some radar or something, or get reported? But in general day to day and inspections, no.

[–] [email protected] 1 points 5 months ago

In the UK, and I suspect in other countries as well, you have to use the right cups and glasses for the right drinks. So for beer you will have to use the beer glass that the brewery provide. I don't think you can just go out and get any old cup from a shop and use that. You have to use the calibrated ones.