Jonathan Stempel

NEW YORK (Reuters). Justin Chimienti was certain that both the Big Mac he had bought from McDonald’s, and the Bourbon Bacon Cheeseburger he ordered at Wendy’s (NASDAQ :), would taste as good as their advertisements.

They were, he claims. He is now suing fast-food outlets.

Chimienti sued McDonald’s Corp. (NYSE:) Tuesday and Wendy’s Co.

This proposed Brooklyn Federal Court class action is very similar to the March lawsuit by three of the same law firms against Burger King Corp. in Miami.

Chimienti stated that Wendy’s and McDonald’s advertise undercooked beef patties, which makes the patties look 15%-20% larger than customers actually get.

According to the complaint, meat shrinks by 25% after being cooked. The food stylist quoted from Wendy’s said that she prefers undercooked patties over fully-cooked hamburgers because they look less appealing.

Chimienti lives in Suffolk County and said the burger sizes of both chain’s are “materially” larger than they actually are. Wendy’s however, inflates the number of toppings.

According to the complaint, “Defendants’ actions were particularly worrying now that inflation and food prices are extremely high and many consumers (especially those of lower income) are facing financial difficulties.”

McDonald’s, Wendy’s, and Wendy’s declined to comment immediately. Chimienti did not respond to a request for comment from a lawyer.

Unspecified punitive and compensatory damages are sought for the alleged breach of contract between May 2016 to June 2016, and violation of national consumer protection laws.

Chris Kempczinski, McDonald’s chief executive, stated that lower income consumers are likely to feel more sensitive as gas and rent prices go up in a conference call on April 28 with analysts.

On May 11, Wendy’s CEO Todd Penegor said to analysts, “Inflation is being observed by consumers.”

Burger King, part Restaurant Brands International, (NYSE:) Inc has not yet responded to the Miami lawsuit.

Chimienti, v Wendy’s International LLC, et al., U.S District Court Eastern District of New York. 22-02880.