Arby’s Lawsuits 2026, Meat Portions, Shrinkflation, and a Franchise Data Breach, What Consumers Need to Know

Arby’s Restaurant Group faces multiple active class action lawsuits as of early 2026, covering three distinct issues: misleading sandwich advertising, secretly reduced portion sizes for fries and drinks, and a franchise-level employee data breach. The most significant case — Alongis v. Arby’s Restaurant Group, Inc., No. 2:23-cv-06593, in the U.S. District Court for the Eastern District of New York — is now in the discovery phase after surviving Arby’s motion to dismiss in September 2025. No settlement exists in any of these cases, and no claim form is available for consumers at this time.

Quick Facts — Active Arby’s Litigation

• Primary Case: Alongis v. Arby’s Restaurant Group, Inc., Case No. 2:23-cv-06593, U.S. District Court, Eastern District of New York
• Judge: Hon. Nusrat J. Choudhury
• Filed: September 5, 2023
• Current Status: Active litigation — discovery phase as of early 2026
• What It Alleges: Arby’s used materially false and misleading menu board photographs depicting sandwiches with approximately double the actual meat provided to customers, and advertised rare roast beef while serving fully cooked product
• Second Case: Shrinkflation lawsuit — secretly reduced fries and drink sizes without price reductions (filed January 2025, Queens County Supreme Court, New York)
• Third Case: Ruff v. DRM Inc. d/b/a Arby’s, Case No. 1:24-cv-01902-SEG — employee data breach, U.S. District Court, Northern District of Georgia
• Settlement Status: No settlement in any case — no claim forms available
• Prior Closed Settlement: 2017 data breach settlement — deadline passed in 2019, no longer eligible

Current Status and What Happens Next

Case 1 — Alongis Meat Advertising Lawsuit (Primary Case)

On September 29, 2025, Judge Nusrat J. Choudhury denied the majority of Arby’s motion to dismiss, allowing the core advertising claims to proceed. The motion to dismiss the Volume Misrepresentation claims relating to Half Pound sandwiches was granted with prejudice, but all other claims in the amended complaint survived.

As of January 2026, the lawsuit is moving into the discovery phase, where both parties exchange evidence. Here is what comes next:

• Discovery — both sides exchange documents, internal communications, advertising records, and food preparation guidelines.
• Class certification motion — plaintiff will ask the court to certify the case as a class action on behalf of all qualifying New York consumers.
• Potential settlement — many false advertising class actions resolve during or after discovery. No settlement discussions have been publicly reported.
• No claim form yet — 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.

Case 2 — Shrinkflation Lawsuit

A second lawsuit filed in January 2025 claims Arby’s secretly made fries and drinks smaller without dropping prices. This case is brand new and has not yet reached the discovery stage. No settlement exists.

Case 3 — Franchise Data Breach (Employees Only)

A separate data breach class action — Ruff v. DRM Inc. d/b/a Arby’s, Case No. 1:24-cv-01902-SEG — was filed in the U.S. District Court for the Northern District of Georgia and remains pending. This case covers current and former employees of Arby’s franchise operator DRM Inc., not customers.

What the Lawsuits Allege

The Meat Advertising Case

In August 2023, plaintiff Joseph Alongis walked into an Arby’s in Bellmore, New York and ordered a Double Beef ‘N Cheddar for $7.69 and a Smokehouse Brisket for $7.39. When his order arrived, he said the sandwiches looked nothing like the pictures on the menu boards — containing about half the meat he expected, with roast beef that appeared gray and fully cooked rather than the rare, pinkish meat shown in the advertisements.

Alongis accuses Arby’s of engaging in unfair and deceptive trade practices by using misleading photographs of sandwiches in its advertising. The lawsuit alleges that menu board images made it appear the sandwiches contained approximately 100% more meat than actually provided to customers.

Alongis claims that Arby’s, when photographing its sandwiches for advertisements, places all of the meat at the front of the sandwich and positions it with props to make it look much larger than what customers actually receive. The lawsuit asserts violations of New York General Business Law §§ 349 and 350, breach of contract, and unjust enrichment.

The Shrinkflation Case

A Queens woman claims that Arby’s phased out its kids’-sized fries, making that portion the new small, the previous small the new medium, and the old medium the new large — effectively charging the same prices for smaller portions without informing customers of the change. The lawsuit alleges Arby’s “deceptively continues to sell its fries and beverages in smaller sizes which are now substantially smaller than the old sizes.”

The Franchise Employee Data Breach

A former Arby’s employee filed a class action against franchise operator DRM Inc. after a March 2024 data breach compromised the personal information of current and former employees, including names, Social Security numbers, driver’s license information, passport information, and workers’ compensation information. DRM is accused of failing to properly train employees on cybersecurity and failing to maintain reasonable security safeguards.

Who Could Be Included in Each Case

Meat advertising case (Alongis): The proposed class covers anyone who purchased an Arby’s Classic Roast Beef, Double Roast Beef, Classic Beef ‘N Cheddar, Double Beef ‘N Cheddar, or Smokehouse Brisket menu item from an Arby’s restaurant in New York since September 5, 2020. Note that volume misrepresentation claims for Half Pound sandwiches were dismissed with prejudice and are no longer part of the case.

Shrinkflation case: Plaintiff Melissa Nelson aims to represent all New Yorkers who bought drinks and french fries at Arby’s throughout the state prior to the reduction in portion sizes. The class definition has not yet been formally certified by the court.

Employee data breach case: The data breach class action covers current and former employees of DRM Inc., the Arby’s franchise operator, whose personal information was compromised in the March 2024 incident. This case does not cover Arby’s customers.

What the Court Has Already Decided

The September 29, 2025 ruling in the Alongis case is the most significant development to date and deserves close attention.

Judge Choudhury allowed claims over sandwiches larger than a half pound to proceed, writing that the amended complaint “plausibly alleges that Alongis would have paid less for the purchased sandwiches had Arby’s advertisements not materially misled him into believing that the purchased sandwiches would contain at least double the amount of meat as compared to what he actually received.”

The court considered several prior fast-food advertising rulings in reaching its decision. A fellow New York federal judge ruled for Wendy’s after it demonstrated it used the same amount of meat in ads and in stores — the difference was that store versions were cooked longer and reduced more in size. The Arby’s case cleared this hurdle because the alleged discrepancy goes beyond cooking shrinkage.

This ruling means the core claims — that Arby’s advertised both too much meat and the wrong quality of meat — are legally viable and will proceed toward class certification and potential trial or settlement.

Prior Arby’s Legal History — Context

Arby’s has faced legal scrutiny on multiple fronts over the past decade, providing useful context for the current cases.

A separate class action — In re Arby’s Restaurant Group, Inc. Data Security Litigation, Case No. 1:17-cv-514 — was filed against Arby’s in the Northern District of Georgia after computer hackers installed malware on the point-of-sale systems at certain Arby’s locations in early 2017. Arby’s agreed to pay up to $2,987,136 to resolve claims brought by financial institutions affected by the intrusion. That settlement is closed — the claim deadline passed in 2019.

Separately, 14 states reached a settlement with Arby’s Restaurant Brands Inc. requiring the company to cease using “no-poach” agreements — clauses in franchise contracts that prevented workers from moving between Arby’s franchise locations to seek better pay or working conditions. Under that settlement, Arby’s agreed to remove no-poach provisions from existing and future franchise agreements and notify employees of the change.

Arby’s also faced a separate class action — Jaghori v. Arby’s Restaurant Group Inc., Case No. 1:22-cv-05806, in the Southern District of New York — alleging that its Wagyu Steakhouse Burgers were deceptively marketed because the beef patties contain 48% regular Angus beef rather than being 100% Wagyu as consumers would reasonably expect from the product name.

Frequently Asked Questions

Is there an active Arby’s class action lawsuit in 2026? 

Yes. The most significant active case is Alongis v. Arby’s Restaurant Group, Inc., No. 2:23-cv-06593, in the U.S. District Court for the Eastern District of New York, which is now in the discovery phase after surviving Arby’s motion to dismiss in September 2025. A second shrinkflation lawsuit and a franchise employee data breach case are also pending.

Can I file a claim against Arby’s right now? 

No. 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 in the current advertising lawsuits. A claim process will only open if and when a court-approved settlement is reached.

What did the court decide in September 2025?

 Judge Nusrat J. Choudhury denied the majority of Arby’s motion to dismiss on September 29, 2025. The volume misrepresentation claims for Half Pound sandwiches were dismissed with prejudice, but all other claims — including the meat quantity and rare beef quality allegations — were allowed to proceed.

Who is eligible for the main Arby’s lawsuit? 

The proposed class covers consumers who purchased an Arby’s Classic Roast Beef, Double Roast Beef, Classic Beef ‘N Cheddar, Double Beef ‘N Cheddar, or Smokehouse Brisket from an Arby’s in New York since September 5, 2020. The class has not yet been formally certified by the court.

Is the 2019 Arby’s data breach settlement still open? 

No. 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.

What is the shrinkflation lawsuit about?

 A Queens, New York resident filed a lawsuit in January 2025 alleging that Arby’s phased out its kids’-sized fries and relabeled the remaining sizes upward — making the old small the new medium and the old medium the new large — effectively selling smaller portions at the same or higher prices without informing consumers.

What about the Arby’s employee data breach?

 A separate class action, Ruff v. DRM Inc. d/b/a Arby’s, Case No. 1:24-cv-01902-SEG, is pending in the U.S. District Court for the Northern District of Georgia. It covers current and former employees of Arby’s franchise operator DRM Inc. whose personal information was compromised in a March 2024 data breach — not Arby’s customers.

When will payments be available if a settlement is reached?

 No timeline exists because no settlement has been proposed in any of the current cases. If a settlement is eventually reached in the Alongis case, the court will appoint a settlement administrator, launch an official settlement website, and set a claim deadline. Check this page for updates as the litigation progresses.

Last Updated: March 5, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. Allegations in a complaint are not findings of fact. All parties are presumed innocent unless and until proven otherwise in court. For advice regarding a particular situation, consult a qualified attorney.

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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