In his complaint, Mr Barr said he believed the company was guilty of "false advertising, deceptive business practices, and countless time wasted", as he was told to come back another day when there were still no sandwiches.
But his lawsuit is also about standing up to "big corporate", according to the Times Free Press.
Speaking to CNN, Popeyes chief executive officer Jose Cil said the company did not anticipate the sandwich would sell out so quickly. He contends Popeyes over-hyped and then purposely under-delivered on the supply of chicken sandwiches to draw attention in their ongoing popularity contest against Chick-fil-A.
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The chicken sandwich seeker is asking for $5,000 and was assigned an October 28 court date. "It just consumes you". He said he "was humiliated when his friends laughed at him", according to the paper.
Barr of course paid the price, but never received his sandwich. "Everyone is captivated by these sandwiches. To be among the first to know when the Chicken Sandwich is available, download the Popeyes app in the App Store or Google Play and sign up for push notifications". "They've got everyone gassed up on them".
Bar told site: 'I have this sandwich on my mind. Though the issue is temporary and Popeyes is working on producing more sandwiches so the latter does not occur again, some have not taken the news so well. It didn't have too much else going for it. source Katie Canales/Business Insider But the new chicken sandwich is the perfectly-sized, easy to eat, crispy chicken masterpiece that fast food diners will - and have already begun to - appreciate.
On Aug. 27, the company announced on Twitter that it is sold out of the in-demand item. Do they need helping catching the chickens?