DALLAS — A North Texas movie-goer is suing Plano-based Cinemark, claiming the theater company is shorting customers on drink sizes.
The class action lawsuit was filed in federal court in Sherman on Wednesday, according to court records.
Shane Waldrop, who filed the lawsuit, claims that Cinemark is selling drinks in containers that are labeled as 24 ounces but that the containers only hold 22 ounces.
WFAA reached out to Cinemark officials for comment but has not yet heard back.
Waldrop, who is claiming he has been "financially injured" by the alleged drink shortage, said in the lawsuit that he was at the Cinemark Tinseltown theater in Grapevine when he bought a 24-ounce draft beer for $8.80, which came out to $9.53 after tax. The drink container was labeled as 24 ounces. But Waldrop, the lawsuit said, thought the container wasn't large enough to hold 24 ounces. So he took the empty container from the theater and measured how much liquid it could hold.
The lawsuit said Waldrop found that the container could only hold 22 ounces.
Waldrop claims Cinemark is misleading customers and inducing them to buy the 24-ounce drinks "at a premium price," a dollar more than the 20-ounce size.
Waldrop's lawsuit alleges violations of Texas' Deceptive Trade Practices Act, negligent misrepresentation, common law fraud, and unjust enrichment. Waldrop is seeking compensatory damages and for Cinemark to repackage its 24-ounce drinks "with the proper amount of advertised liquid," the lawsuit said.
The lawsuit also demands a jury trial over the claims.
