One customer was so unhappy with Subway’s cheesesteak, he filed a federal class action lawsuit against the chain
The lawsuit claims that the ads for Subway's Steak & Cheese show a sandwich with at least 200% more beef than the product the restaurant chain serves.
Few things beat the simple deliciousness of a fresh roll, cheese, and meat all combined with a good amount of grease. The cheesesteak is a staple for a reason, the pride and joy of Philadelphia.
But a disappointing cheesesteak can lead people to take extraordinary measures. And demand justice.
When LaGarris Montgomery ordered Subway’s “Steak & Cheese,” the sandwich he received looked nothing like the advertised image. Crucially, his sandwich did not overflow with beef. So the South Carolina man decided to take a stand, and filed a federal class action lawsuit against the chain restaurant.
The complaint, filed Tuesday in the Eastern District of Pennsylvania, describes in dry and serious legal language the events that sparked the action.
The Subway website says the sandwich is “Inspired by the hoagie that made Philadelphia famous.” (Pretty sure Benjamin Franklin and the Declaration of Independence did that first, but that’s for another day.)
Disappointment set in after the first bite.
“After he picked up and began eating his sandwich, Plaintiff realized that there was barely any steak in the sandwich and that the photographs that he relied on were grossly misleading,” the complaint says.
Montgomery expected the sandwich to have the same amount of meat as advertised on the app, but the lawsuit estimates that the photographed sandwich “contained well over 200% more meat.”
“If Plaintiff knew that the Steak & Cheese sandwich contained substantially less than the amount of meat as advertised, he would not have purchased said sandwich,” the complaint says.
Subway did not respond to a request for comment.
This isn’t just a story about an unsatisfying sandwich, as some might assume, but about violations of Pennsylvania and federal law, the lawsuit contends. It charges Subway with violating fair trade laws and engaging in “unjust enrichment.”
The lawsuit aims to represent Montgomery and “all other similarly situated person” who were disappointed by the abundance of meat in the Subway product. It asks a federal judge to certify the class action, order Subway to compensate all impacted costumers, and order the restaurant chain to engage in a “corrective notice campaign.”
How much money does one deserve for a disappointing cheesesteak? At least $100, the lawsuit claims. (In reality, the 12-inch version of the Subway cheesesteak will run you $16 and about 1,020 calories.)
» READ MORE: The best cheesesteaks to eat in Philly right now
Montgomery said that he was moved to take legal action because he felt “lied to” time and again when ordering Subway.
“It’s nowhere near the amount of ingredients on the sandwich as shown on advertisements,” he said via text. “I continue to shop with them but they continue to disappoint me. I’m just tired of it.”
It’s unclear why Montgomery and his lawyer, who did not respond to requests for comment, filed the lawsuit in Philadelphia. The legal justification for the venue in the lawsuit is that Subway has business in the city, which the sandwich franchise also does in South Carolina.
The question remains: Does the Subway cheesesteak look anything like its ads, and is it any good?
In one Center City Subway franchise, the sandwiches are advertised as a “cheesesteaks,” and not the more formal “Steak & Cheese” as it is called on Subway’s website. “The Philly” includes steak, American cheese, peppers, onions, and mayo on a toasted roll.
The hero ingredient in the dish, as one reporter learned to say from watching the Great British Bake Off, is not cheese or steak. It’s mayonnaise, which is both the predominant flavor and — unfortunately — gives the sandwich its texture.
The onions and green pepper strips seemed raw. And the beef was present … in some bites.
It’s not quite the crown jewel of cheesesteaks worthy of taking out-of-town guests for a distinctively Philly experience. There is a reason Subway’s version of the quintessential Philly dish didn’t make it on The Inquirer’s recent Best Cheesesteaks list.
» READ MORE: Philly cheesesteaks: Everything you need to know about Philadelphia’s signature sandwich