Craig Barr, of East Ridge, wrote in a summons filed Wednesday that he is suing the restaurant for "false advertising, deceptive business practices by entity to public. Countless time wasted driving to and from Popeyes. No chicken sandwich. Was told to come back this day- still no sandwich," WTVD-TV reported.
The sandwiches became available at select Popeyes locations on Aug. 12. An Aug. 19 Twitter exchange among Popeyes, Chick-fil-A and Wendy's drove up the popularity of the Popeyes sandwich -- giving Popeyes an estimated $23 million in free press, according to The Takeout.
Y’all. We love that you love The Sandwich. Unfortunately we’re sold out (for now). pic.twitter.com/Askp7aH5Rr
— Popeyes Chicken (@PopeyesChicken) August 27, 2019
Popeyes tweeted on Tuesday that it had sold out of chicken sandwiches. The restaurant chain has promised customers the sandwiches will be back. But that apparently isn't good enough for Barr.
"I can't get happy; I have this sandwich on my mind. I can't think straight," Barr told the Chattanooga Times Free Press. "It just consumes you."
When the chicken sandwich became available, Barr said he began making regular trips to three Popeyes locations, but was allegedly told the sandwiches were sold out each time.
When Barr was driving to one of the locations, a tire on his car blew and he cracked a $1,500 rim, he said. After fixing the tire, he arrived at the Popeyes only to be told, again, the sandwiches were sold out, he said.
Barr answered a Craigslist ad in which a man said he knew a Popeyes employee and could get him a chicken sandwich for $25. Barr said he met the man behind a Popeyes and gave him the money, but that the man left and never returned.
"I got scammed," Barr said.
Barr is asking for $5,000. He filed the civil action Wednesday to Hamilton County Circuit Clerk Larry Henry and was assigned an Oct. 28 court date.
A Popeyes spokesperson told WTVD-TV the company doesn't comment on pending litigation.
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