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*******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: NewtonMP2100
Date: March 05, 2022 12:57PM
.....you know how the McDonald's ice cream machine is always 'not workin'.....???


....these folks created a device to keep them working which was great at first....now they claim that McDonald's worked on a way to reverse engineer 'their version' to 'compete' with their original...and then they disparaged the original version.....


Creators of ice cream maintenance device sue McDonald's, allege multimillion-dollar 'repair racket'

....A startup called Kytch created a device to fix notoriously finicky ice cream machines at McDonald’s and saw sweet, albeit brief, success. Now the company is shaking up the fast food giant in a new $900 million lawsuit, accusing the restaurant chain of ruining its business.

The 133-page complaint, filed Tuesday in Delaware federal court, claims McDonald's stole Kytch's technology to reverse engineer it and create their own competing product as part of an alleged multimillion-dollar "repair racket."

Further, it accuses McDonald’s of publishing a series of "deceptive ads" in November 2020, claiming Kytch Solution technology was a safety hazard.

Kytch co-founders Jeremy O’Sullivan and Melissa Nelson in 2019 launched the product trial of Kytch Solution, a computer device with an online interface that allows customers to remotely run the soft serve machines, the lawsuit said.

It "adjusts settings hidden deep in the machines, which can prevent outages before the machines can detect an error," the lawsuit said.

The goal was to fix the soft serve machines and alert users of issues during a time when the appliances were so notoriously dysfunctional that the Federal Trade Commission launched a probe in September 2021, the Wall Street Journal reported the time.

The machine breakdowns also cost some franchise operators thousands of dollars a month in service fees to repair, the lawsuit stated.

The lawsuit states that Kytch Solutions was a hit, and in 2020 became "the largest independent software vendor for the shake machine in the McDonald’s system."

But that success didn't last long, according to the suit.

McDonald's, along with soft serve machine manufacturer Taylor Company, worked to create their own competitive product, the lawsuit stated.

Taylor has exclusive rights to supply kitchen appliances to over 13,000 McDonald's locations in the U.S. in what the lawsuit called a "lucrative scheme."

The lawsuit states that in developing devices to unlock Taylor's "cryptic" soft-serve dispensers, Kytch uncovered a multimillion-dollar "repair racket" where Taylor designed flawed code that caused the machines to malfunction.

Representatives for Taylor did not immediately respond to an NBC News request for comment regarding the allegations.

Under pressure from independent restaurant operators to integrate Kytch into the McDonald's system, McDonald's and Taylor worked to create a device called Open Kitchen, which has never launched, the lawsuit said.

McDonald’s and Taylor enlisted a group of Kytch trial participants to develop a competing product, accessed password-protected portions of Kytch’s online interface, and obtained a physical Kytch Solution device, the lawsuit stated. Once cracking into Kytch’s products, they added features to Open Kitchen using feedback from Kytch customers, the lawsuit stated.

However, it took time to develop the competing product.

In the meantime, McDonald's and Taylor allegedly "fabricated bogus 'safety' claims" saying that the device, could cause serious human injury to users — a claim Kytch says is false.

The lawsuit included a photo of an email sent by McDonald's to franchisees in November 2020 that stated, "McDonald’s has recently determined that the Kytch device creates a potential very serious safety risk for the crew or technician attempting to clean or repair the machine" because it could unintentionally keep running and could "cause serious human injury."

Kytch said in the lawsuit it lost millions of dollars due to McDonald's actions. "By contrast, Taylor has continued to rake in $75 million in annual revenue from its repair racket at McDonald’s," the suit said.

In a statement to NBC News on Friday, McDonald’s said it "owes it to our customers, crew and franchisees to maintain our rigorous safety standards and work with fully vetted suppliers in that pursuit."

"Kytch’s claims are meritless, and we’ll respond to the complaint accordingly.”

O'Sullivan and Nelson told NBC News in a statement that McDonald's worked with Taylor to "spread false information about our company, to drive us out of the market place, and to line their own pockets.”

“We founded Kytch to improve the dismal performance and enhance the food safety of McDonald’s soft-serve machines. In response, they destroyed our business and our livelihood,” they said. “Nothing can undo that damage.”

Kytch lawyer Daniel Watkins said in a statement that McDonald's and Taylor "unfairly" competed with Kytch and interfered in its relationships with customers "to push Kytch out of the market."

"McDonald’s infiltrated Kytch’s confidential product trial to access Kytch’s technology, while at the same time lying to consumers about Kytch’s purported lack of safety," Watkins said.

"But Kytch’s safety record is clear: Kytch has never received a single complaint about the safety of the Kytch Solution, its product undergoes rigorous testing by independent labs, and it has robust safety features that were specifically designed to enhance the safety of McDonald’s soft-serve machines."



you're......as cold as ice.....?!



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Edited 1 time(s). Last edit at 03/05/2022 12:59PM by NewtonMP2100.
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: Ombligo
Date: March 05, 2022 01:07PM
There will be an out-of-court settlement with undisclosed terms.



“No persons are more frequently wrong, than those who will not admit they are wrong.” -- François de La Rochefoucauld

"Those who cannot accept the past are condemned to revise it." -- Geo. Mathias

The German word for contraceptive is “Schwangerschaftsverhütungsmittel”. By the time you finished saying that, it’s too late
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: Acer
Date: March 05, 2022 02:34PM
Quote
Ombligo
There will be an out-of-court settlement with undisclosed terms.

Aww, I was hoping for a $1.00 coupon from a class action.
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: GGD
Date: March 05, 2022 02:48PM
Quote
Acer
Quote
Ombligo
There will be an out-of-court settlement with undisclosed terms.

Aww, I was hoping for a $1.00 coupon from a class action.

Good for the purchase of an Ice Cream, if the machine is working.
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: Bernie
Date: March 05, 2022 04:29PM
Mcbroken

A website I have used to see if any McDonald's near me had a working machine.




Staunton, Virginia
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: mrbigstuff
Date: March 05, 2022 06:30PM
This was the subject of an excellent reported piece in Wired last year (which has many excellent articles these days).



Hurts like a bastid...
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: RAMd®d
Date: March 05, 2022 07:15PM
This seems like a strange partnership.

McDonald's contracts with Taylor as the sole provider for shake/soft serve machines to some McDonald's locations.

Taylor supplies kit allegedly secretly programmed to break down frequently, requiring repair.

Who repairs it and who are those costs paid to — Taylor or Corporate?

Presumably, whoever got the payments split them with the other named conspirator.

Are these only franchise stores and not corporate stores (if there are any left, I don't know)?

That would make (criminal) sense for the corporation to milk its franchisees for repair costs.

Then there's the Kytch Solution, reverse engineered to save McDonald's cash cow.

So now there's a cure, McDonald's has to be the one to sell it to the franchisees (?) to get some now dwindling repair revenue back, so they actively discredit the Kytch Solution solution.

If undetected, would the McDonald's/Taylor device also "break down", just less frequently than previously?

I frequent McDonald's regularly, and would hate to see them go out of business, as a lot of individual store owners and employees who had nothing to do with this, would lose their jobs.

For a lot of kids, McDonald's was their first real job, and I'd hate to see that opportunity lost.

But I hope Kytch gets a big award, even after all the appeals.

And the store owners should file a class action suit, or at least every victim get their own lawyer.

Assuming all the allegations are true, McDonald's needs to pay big time.

People thought the woman who spilled hot coffee on her thighs was deserving; this repair scheme is even more egregious.

Let lawyers get a big slice of the suit or settlement, as long as McDonald's pays big.

On a tangential bunny trail, it bugs me big time that companies are allowed to make NDA settlements where physical injuries are involved.

My feeling is the public should know how little (or much) a company cares about founded physical injury inflicted upon innocent victims.

Especially since the general public, as customers, are likely taxed to make up the shortfall, and people behind 'financial crimes' seldom get jail time.

Those that do seem to be the exception to the rule.






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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: Ombligo
Date: March 06, 2022 06:29AM
Quote
RAMd®d
For a lot of kids, McDonald's was their first real job, and I'd hate to see that opportunity lost.

That opportunity is likely going away regardless.





“No persons are more frequently wrong, than those who will not admit they are wrong.” -- François de La Rochefoucauld

"Those who cannot accept the past are condemned to revise it." -- Geo. Mathias

The German word for contraceptive is “Schwangerschaftsverhütungsmittel”. By the time you finished saying that, it’s too late
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: Lux Interior
Date: March 06, 2022 09:36AM
Quote
Ombligo

That opportunity is likely going away regardless.


They will need to hire someone to point people to the machine on the right, since it lacks the green "Put your feets here" stickers.
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Re: *******e, dish best served cold?!....McDonald's ice cream machine suit.....
Posted by: Racer X
Date: March 06, 2022 06:53PM
Quote
Lux Interior
Quote
Ombligo

That opportunity is likely going away regardless.


They will need to hire someone to point people to the machine on the right, since it lacks the green "Put your feets here" stickers.

No attempt at social distancing either.



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