Client Name:
{{client_name}}
Client Email:
{{client_email}}
Re:
{{client_name}}
v. McDonald's USA LLC
Dear
{{client_name}}
This is an agreement (the “Agreement”) between you and Bryson Harris Suciu & DeMay PLLC
(“Firm”) for legal representation regarding your claim(s) against McDonald's USA LLC or any of their
affiliates or subsidiary companies (collectively, “McDonald's”) arising from McDonald's assessment and
presentation of mandatory delivery-related charges, including but not limited to a “Delivery Fee,”
“Service Fee,” and “Small Order Fee,” along with preselected “Tips,” in
connection with delivery orders placed through the McDonald's mobile application. These acts and practices —
advertising a headline price while structuring the ordering flow to impose unavoidable, provider-controlled
surcharges disclosed only at checkout — may constitute deceptive and/or unfair practices under the Illinois
Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1, et seq., false advertising and unfair
competition under Illinois law, and unjust enrichment under Illinois common law and violate other applicable federal
and state laws.
You understand and authorize the Firm to proceed with filing your claim(s) as an individual arbitration or as an
action in state or federal court. Arbitration is a simplified means of pursuing legal claims, where the claim is
decided by an arbitrator rather than a judge or jury. You authorize the Firm to settle your individual claim(s) with
McDonald's for a reasonable amount and execute a release of your individual claim(s) on your behalf. However, this
agreement also authorizes the Firm to settle and release your claim(s) as a part of a class action if McDonald's
chooses to do so. In the event that the Firm enters a settlement with your authority and you choose not to
participate in the settlement, you may reject the settlement and the Firm may withdraw its representation of you.
You further authorize the Firm to represent additional individuals who have claims that are the same or similar to
yours against McDonald's.
The Firm will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed
by state law, of any recovery obtained in this matter or total attorneys’ fees awarded by the arbitrator or
court. The Firm reserves the right to associate with co-counsel, but the fee will be split between the Firm and any
additional firm(s) they associate with.
The Firm will advance all costs incurred by the Firm during this litigation (e.g., filing fees, travel, etc.).
The Firm will be reimbursed for these costs if, and only if, they ultimately obtain a recovery on your behalf.
Advanced costs are deducted after the calculation of the contingent fee.
The Firm will keep you informed about the progress of your claim as it moves forward. We will do so via phone
calls, emails, and SMS messages. By signing this retainer agreement, you consent to the Firm calling and sending
case-related SMS messages to the cell phone number you provided when signing up for representation. If at any time
you no longer wish to receive phone calls from the Firm, you can email us at
arbitration.clientcare@brysonpllc.com.
Similarly, if you no longer wish to receive SMS messages from the Firm, you can reply “STOP” to
any SMS message to opt out of receiving additional messages.
You authorize the Firm to withdraw from representation if they determine for sufficient reasons that your
claim(s) should not continue. Regardless, the Firm will maintain the file on this matter for at least six years. If
requested, these will be returned to you after the conclusion of the representation.
Finally, the Firm does not make any promises or guarantees regarding the outcome of your claim(s). If you have
any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this
engagement letter to us for our files.
|
Sincerely,
Jonathan B. Cohen
BRYSON HARRIS SUCIU & DEMAY PLLC
|
|
Agreed to on this
{{agreed_to_day}}
day of
{{agreed_to_month}},
{{agreed_to_year}}.
{{client_name}}
[CLIENT NAME] *
CERTIFICATION
I, the undersigned, hereby certify that I ordered McDonald's delivery from the McDonald's app or website within
the last three years, and paid a Delivery Fee, Service Fee, and/or Small Order Fee for my order that appeared on my
receipt as a separate charge. I further certify that, if needed, I can and will produce evidence (for example, an
email or account screenshot) of ordering McDonald's delivery from the McDonald's app or website within the last
three years and paying these fees for my order that appeared on my receipt as a separate charge.
I further certify that I have not retained any other law firm(s) to pursue my claim(s) against McDonald's and
that I will not retain any other law firm(s) to do so. I understand that, if I do retain or have retained another
law firm to pursue my claim(s), the Firm may terminate their representation of me in connection with my claim(s)
against McDonald's.
COMMUNICATIONS CONSENT
I, the undersigned, hereby consent to the Firm keeping me informed about the progress of my claim by calling,
emailing, and sending case-related SMS messages to the cell phone number that I provided to the Firm when signing up
for representation. I understand that, if at any time I no longer wish to receive phone calls from the Firm, I
can email
arbitration.clientcare@brysonpllc.com.
I also understand that, if I no longer wish to receive SMS messages from the Firm, I can reply
“STOP” to any SMS message to opt out of receiving additional messages.
Additionally, I consent to the Firm calling, emailing, and sending me SMS messages concerning other matters,
lawsuits, and investigations that may be relevant or of interest to me.
* Please note that the company against which you are retaining the Firm to pursue individual arbitration claims
on your behalf may require submission of a notice letter personally signed by you to begin the dispute resolution
process. So that the Firm can start this process, by signing the retainer agreement, it is your intent to
provide the Firm with your electronic signature and your consent to include your electronic signature in the notice
letter to be sent on your behalf to the company identified in the retainer agreement as the party against whom the
Firm has agreed to represent you in connection with your individual arbitration. This is the sole limited
purpose for which you are giving the Firm legal authority to utilize your electronic signature.
