There is no open Arby’s class action lawsuit accepting consumer claims right now. A false advertising case over how much meat appears in Arby’s sandwich photos is still being litigated in federal court in New York, with no class certified and no settlement. A 2017 data breach settlement that once paid claimants up to $5,000 closed years ago. And viral posts promising a $2,500 payout with no proof required are not accurate.
The Active Case: Sandwich Meat False Advertising
In September 2023, New York resident Joseph Alongis filed a class action complaint against Arby’s Restaurant Group, Inc. in the U.S. District Court for the Eastern District of New York. The case, Alongis v. Arby’s Restaurant Group, Inc. (Case No. 2:23-cv-06593), is before Judge Nusrat J. Choudhury.1ClassAction.org. Arby’s Overstates Amount, Quality of Meat in Sandwiches, Class Action Alleges2PACER Monitor. Alongis v. Arby’s Restaurant Group, Inc.
The complaint targets seven menu items: Classic Roast Beef, Double Roast Beef, Half Pound Roast Beef, Classic Beef ‘N Cheddar, Double Beef ‘N Cheddar, Half Pound Beef ‘N Cheddar, and Smokehouse Brisket. Alongis alleges that photographs on in-store menu boards, drive-through boards, the Arby’s website, and third-party delivery apps make the sandwiches appear to contain roughly twice as much meat as customers actually receive, achieved by positioning the meat toward the front of the sandwich during photography. The lawsuit also alleges that Arby’s ads depict the roast beef as rare, with a reddish interior, while the product served to customers is fully cooked.3GovInfo. Alongis v. Arby’s Restaurant Group, Inc., Case 2:23-cv-65931ClassAction.org. Arby’s Overstates Amount, Quality of Meat in Sandwiches, Class Action Alleges
Where the Case Stands
Arby’s asked the court to dismiss the case, arguing its food photography was non-actionable puffery. In a ruling dated September 29, 2025, Judge Choudhury largely denied that motion, finding that a reasonable consumer could plausibly be misled and that images depicting rare-looking meat were “both provable as true or false and also plausibly deceptive and misleading.” For the non-Half Pound sandwiches, the court ruled that the promotional images “plausibly appear to constitute at least double the amount of meat” actually provided. The court did dismiss volume claims for the three “Half Pound” sandwiches with prejudice, reasoning that the product name itself states the weight and no one alleged receiving less than half a pound of meat.4Rebecca Tushnet’s 43(B)log. We Have Less of the Meats: Court Mostly Denies Arby’s Motion to Dismiss in Misleading Photos Case3GovInfo. Alongis v. Arby’s Restaurant Group, Inc., Case 2:23-cv-6593
As of late 2025, the case remains in active litigation. No class has been certified. There is no settlement, no claim form, and no sign-up process for consumers. The plaintiff is seeking monetary damages and a court order requiring Arby’s to correct its advertising.5Allrecipes. Arby’s Lawsuit6Top Class Actions. Arby’s Class Action Alleges Advertisements Overstate Amount of Meat in Sandwiches
The trajectory is genuinely uncertain. A comparable Burger King Whopper case survived a motion to dismiss, but a federal court denied class certification in November 2025 on the grounds that individual questions about which ads each customer saw and which burgers they received made class treatment unworkable. Alongis filed supplemental authority citing that Burger King case in May 2025.7Paste Magazine. Fast Food False Advertising Lawsuits3GovInfo. Alongis v. Arby’s Restaurant Group, Inc., Case 2:23-cv-6593
The Closed Data Breach Settlement
Between October 2016 and January 2017, hackers installed malware on point-of-sale systems at more than 950 corporate-owned Arby’s restaurants, stealing credit and debit card data. A non-public alert from PSCU indicated that more than 355,000 payment cards were compromised. Franchised locations were not affected.8KrebsOnSecurity. Fast Food Chain Arby’s Acknowledges Breach
The resulting consumer class action, consolidated in the Northern District of Georgia as In re: Arby’s Restaurant Group, Inc. Data Security Litigation (Case No. 1:17-cv-01035), produced a $2 million settlement fund covering customers who used debit or credit cards at affected locations between October 8, 2016, and January 12, 2017. The court granted final approval on June 6, 2019.9Restaurant Business Online. Plaintiffs Ask to Resolve Lawsuit Over Arby’s Data Breach10Top Class Actions. Arby’s Data Breach Class Action Settlement
Eligible class members could claim up to $5,000 for documented out-of-pocket losses tied to the breach: unauthorized charges, bank fees, and credit monitoring costs. Claimants without documentation could self-certify up to two hours of time at $15 per hour, capping that portion at $30; those with documentation could claim up to five hours ($75 total). Every claim required a verified claim form and proof of purchase.11ABC11. Arby’s Customers Affected by Data Breach Can Get Up to $5K
The claims deadline passed in 2020. The settlement is closed, and there is no way to file a new claim.
The “$2,500 No Proof” Claim Is Not Real
Social media posts have circulated suggesting consumers can receive $2,500 from an Arby’s lawsuit with no proof required. That is inaccurate on two counts. The actual data breach settlement capped individual payouts at $5,000, not $2,500, and every claim required a verified form submitted under penalty of perjury with documentation for expenses. The only no-documentation option was self-certified time capped at $30.11ABC11. Arby’s Customers Affected by Data Breach Can Get Up to $5K The settlement is also closed, so no one is accepting claims regardless of the amount.
The No-Poach Settlement (No Consumer Payout)
In March 2019, Arby’s settled with attorneys general from 14 states and the District of Columbia over “no-poach” clauses in its franchise agreements that prevented workers at one Arby’s location from being hired by another, restricting employee mobility and suppressing wages. Arby’s agreed to stop including the clauses in franchise agreements, cease enforcing existing ones, amend current agreements, and instruct franchisees to post notices for employees. Dunkin’, Five Guys, and Little Caesars settled at the same time. No monetary penalties were imposed, and no consumer or employee payouts were part of the deal.12New York Attorney General. Attorney General Letitia James Joins Multistate Settlement to Cease Fast Food Usage of No-Poach Agreements13Office of the Attorney General for the District of Columbia. AG Racine Announces Four Fast Food Chains End Use of No-Poach Agreements
What to Do If You Believe You Have a Claim
If you bought one of the seven sandwiches named in the Alongis complaint and want to be part of any future recovery, there is nothing to file right now. If a class is later certified and a settlement is reached, notice would go out through the court-approved claims administrator, and legitimate notices will name the case and court. Any site or post asking for payment, a Social Security number, or bank details to “sign up” for the Arby’s lawsuit is not a court-approved process.