Arby’s Lawsuit Claim 2026. Deceptive Advertising Case Status, Eligibility, and Filing Updates
An Arby’s lawsuit claim may be available to eligible consumers as of January 2026, primarily stemming from ongoing litigation regarding deceptive advertising and “shrinkflation.” While a massive $2 million data breach settlement from 2019 is now closed, new class action proceedings in New York have reached critical stages this year. Understanding these active allegations, eligibility requirements, and the current status of court proceedings is essential for any customer seeking potential compensation.
What the Arby’s Lawsuit Alleges (Active 2026 Status)
As of January 2026, the most significant legal development involves the case Alongis v. Arby’s Restaurant Group, Inc. (No. 2:23-cv-06593), currently proceeding in the U.S. District Court for the Eastern District of New York. The lawsuit alleges that Arby’s engaged in unfair and deceptive trade practices by using “materially false and misleading” advertisements.
The core claims in this active litigation include:
- Volume Misrepresentation: The plaintiff alleges that photographs of sandwiches—specifically the Classic Roast Beef, Double Roast Beef, and Beef ‘N Cheddar—show at least double the amount of meat actually served to customers.
- Quality Misrepresentation: The lawsuit claims Arby’s advertisements depict “rare” roast beef (reddish and light-colored), while the product provided to consumers is fully cooked and differs significantly in appearance.
- Deceptive Marketing: Allegations state that Arby’s places meat at the front of the sandwich for photoshoots to create a false impression of portion size.
Who is Involved and Affected?
The litigation involves Arby’s Restaurant Group, Inc. as the defendant and Joseph Alongis as the lead plaintiff, represented by the Russo Firm.
The proposed class of affected individuals includes:
- The New York Class: Consumers who purchased the specified sandwiches from Arby’s website or mobile app within the state of New York.
- The Subclass: Individuals who purchased these items in-person or through a drive-through at any Arby’s location in New York.
While the case is currently focused on New York consumers, its outcome could set a legal precedent for similar “shrinkflation” and advertising claims nationwide.
Current Status of Proceedings: January 2026 Update
In a pivotal ruling on September 29, 2025, Judge Nusrat J. Choudhury denied the majority of Arby’s motion to dismiss the case. As of January 2026, the lawsuit is moving into the discovery phase, where both parties exchange evidence.
A separate “shrinkflation” lawsuit, Nelson v. Arby’s, was filed in December 2024 in Queens County Supreme Court, alleging that the chain reduced the size of fries and drinks without reducing prices or notifying customers. This case remains active in the early stages of litigation as of January 2026.
What You Must Know: Eligibility and Deadlines
It is critical to distinguish between past settlements and current litigation. Many readers may be searching for the “Arby’s Lawsuit Claim” in hopes of a pending payout, but the legal landscape is nuanced.
- No Active Settlement Payouts Yet: Unlike a resolved case where a settlement fund is established, the 2026 advertising lawsuits are still being litigated. There is no claim form to file and no established deadline for a payout at this moment because no settlement or judgment has been reached.
- The 2019 Data Breach Settlement is Closed: A previous $2 million settlement related to a 2017 data breach (Case No. 1:17-cv-01035) had a claim deadline in 2019. Any claims related to that specific event are no longer eligible for compensation.
- Eligibility Limits: For the current Alongis case, eligibility is currently restricted to those who purchased specific “Overstated Menu Items,” such as the Classic Roast Beef or Smokehouse Brisket, in New York.
Deadline Risks and Recent Changes
The most significant change in late 2025 and early 2026 is the court’s refusal to dismiss the “rare meat” and “meat volume” claims. This means the case is now a high-stakes legal battle rather than a dismissed complaint.
However, if a settlement is reached later in 2026, there will be strict filing deadlines (often 60–90 days from the date of preliminary approval). Missing these windows would result in a total forfeiture of rights to a claim.
What to Do Next: Action Steps for Consumers
If you believe you were affected by Arby’s advertising practices or “shrinkflation” in New York, follow these steps to protect your potential interests:
- Save Your Receipts: If a settlement is reached, physical or digital receipts are the primary “Proof of Purchase” required to claim the highest tier of compensation.
- Monitor Official Sources: Do not submit personal information to unofficial websites. Check the Russo Firm’s official case page for updates on class certification.
- Wait for the Claims Administrator: If a settlement occurs, the court will appoint an official Settlement Administrator who will launch a dedicated website (e.g., https://www.google.com/search?q=ArbysAdvertisingSettlement.com) to process claims.
FAQs: Arby’s Lawsuit Claim 2026
Is there an Arby’s class action settlement I can join right now?
No. As of January 2026, the primary advertising lawsuits are in the litigation phase. There is no active settlement fund or claim form available for the public yet.
Who is eligible to file a claim in the Arby’s advertising lawsuit?
Current litigation focuses on New York residents who purchased specific roast beef or brisket sandwiches based on allegedly misleading photos. Eligibility may expand if the case is granted nationwide class status.
How much is the Arby’s lawsuit payout?
There is no confirmed payout amount. In similar fast-food advertising cases, settlements often range from $5 to $15 per claimant, or a total fund in the millions to be split among participants.
What is the deadline for the Arby’s lawsuit claim?
There is no deadline for the advertising case yet because it has not settled. The old 2019 data breach settlement deadline has passed.
What happened to the Arby’s employee data breach lawsuit?
A new lawsuit was filed in 2024/2025 regarding a data breach at Arby’s franchise DRM Inc., affecting employees. This case is separate from the consumer advertising lawsuits and is still pending in Georgia federal court.
Last Updated: January 29, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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