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Boston-Based Toast 'Prepared to Defend' Against Federal Lawsuit
The complaint says Toast charged restaurants about $900 a month on average and added hidden fees, while making cancellations difficult and costly.
On Thursday, the Federal Trade Commission and eight states sued Boston-based Toast, alleging the restaurant software provider imposed hidden fees and deceptive cancellation barriers that trapped customers in costly subscription agreements.
Toast allegedly added obscure $0.99 fees to online orders above $10 from September 2021 through July 2023 without proper disclosure, while promising "24/7/365 support" that customers frequently struggled to access when attempting to cancel.
Consumers face $150 monthly early termination fees and must return hardware or pay full retail price if they fail to process payments within 120 days, despite Toast advertising a "$0" hardware plan.
Toast "strongly" disagrees with the allegations, arguing the Restore Online Shoppers' Confidence Act does not apply to negotiated business-to-business agreements and stating it "will vigorously defend" itself in court.
The lawsuit seeks a permanent injunction, civil penalties, and financial restitution as Toast prepares to report third-quarter financial results on Tuesday, positioning the company amid significant regulatory and financial scrutiny.