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A class action settlement over allegations Jimmy John’s sold sandwiches that were falsely advertised as containing alfalfa sprouts has been preliminarily approved by a California judge. If you purchased a sandwich from Jimmy John’s that was advertised as containing sprouts but did not actually contain sprouts, you could be entitled to benefits from the class action settlement.
The Jimmy John’s class action lawsuit was filed by plaintiff Heather Starks, who alleges she purchased Jimmy John’s sandwiches that were advertised online and in print menus as including sprouts but did not actually include sprouts.
Jimmy John’s denies the allegations but agreed to settle the class action lawsuit to avoid the expense and uncertainty of continued litigation. The sandwich chain reportedly corrected the menus in all of its stores in March 2013, but has agreed to offer benefits to consumers who purchased certain sandwiches through July 21, 2014.
Who’s Eligible
Class Members of the Jimmy John’s class action settlement include all patrons of Jimmy John’s restaurants in the United States who purchased a sandwich described as including sprouts between Feb. 1, 2012 and July 21, 2014 that did not actually contain sprouts. The sandwiches listed as containing sprouts include the “Beach Club,” “Club Tuna,” “Gourmet Veggie Club,” Totally Tuna,” “Turkey Tom,” and “Vegetarian” sandwiches.
Potential Award
Jimmy John’s has agreed to provide vouchers worth $1.40 to all Class Members who submit a claim for the class action settlement. The voucher will be good for any side item (pickle, potato chips or cookie) or soda at any Jimmy John’s restaurant.
Proof of Purchase
Because the Claim Form will not be available until the class action settlement is granted final approval, it is not yet known if Class Members will be required to provide any proof of purchase. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.
Claim Form Deadline
It is estimated that the Claim Form deadline will be 5/1/2015.
NOTE: The Claim Form will be available at www.JimmyJohns.com following final approval of the class action settlement.
Case Name
Heather Starks v. Jimmy John’s LLC, et al., Case No. BC501113, in the Superior Court of the State of California, County of Los Angeles
Final Hearing
12/4/2014
Settlement Website
Claims Administrator
Starks v. Jimmy John’s Claims Administrator
P.O. Box 43034
Providence, RI 02940-3034
Class Counsel
Kevin Shenkman
Mary R. Hughes
John L. Jones II
SHENKMAN & HUGHES
Defense Counsel
Glenn Dickinson
LIGHT GABLER LLP
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15 thoughts onJimmy John’s Alfalfa Sprouts Class Action Settlement
How long is it supposed to take to get your voucher? I requested one several days ago and haven’t gotten it. The claim form only asks for name, e-mail address, and ZIP code, so I thought it would be an instant e-mail. The form doesn’t have any contact information on it, and when I called a local Jimmy John’s to ask this question, they didn’t know. Not very helpful. . .
Heather Starks needs to get a life!
1. The payout maxes out at $725,000 (less the $15,000 administration costs). Only a max of 507,142 people will receive their $1.40. So NO, telling all your friends to lie and claim a voucher will not put Jimmy John’s out of business.
2. The claim that they’re trying to avoid paying out the voucher by keeping it at a low amount makes no sense since the remainder of any unused portion of the funds will be donated. It’s far more likely that it’s about the cost you would pay if you tried to get the sprouts yourself… you’re telling me that it would cost more?
3. Why is everyone so butt hurt? If someone messed up my order, I’d bring it to their attention and say, \my sandwich is supposed to have alfalfa sprouts in it\ and then I’d be grateful they pulled sprouts due to an E. Coli outbreak. Sue them because they hadn’t updated their menus; probably the franchisee’s fault anyway.
4. I’m disappointed in all of you. How is anyone screwing you? Only one person even noticed the problem, so clearly there wasn’t a massive outcry of injustice. The real injustice is that lawyers made $370,000 off of something that should’ve been a simple call to the manager. Gross.
you guys are correct ! Talk about getting screwed, this really is not worth filling out the claim form. It was firs about Alfalfa Sprouts and deceptive advertising, how did it get to a free pack of potato chips…. from trying to be health to VERY bad potato chips that have no health benefit….. That is pretty screwed…. damn…. Metrogerl
Final approval was reached, but no claim form is on the site as stated above.
Actually, you’re responding exactly like they want you to. They think if that is all they offer, no one will bother to fill out a claim form. I suggest that EVERYONE fill out a claim form AND, pass this on to EVERYONE you know to fill out also. Why not get a free soda out of this? If a million people get a free soda, maybe they will realize that their plan backfired. Well, let’s hope they take a cookie instead because there’s no expense to them in free sodas really. Seriously, fill out the form and pass it on quickly and have everyone do the same. Use your social media tools to get the word out.
I say we boycott Jimmy Johns just on the principle of their “generosity” and how much they think of their customers.
A look at the numbers:
$5000 – Award to plaintiff
$15000 – Award to settlement administrator
$370,000 – Award to attorneys
$725,000 – Amount available for the settlement
$100,000* – Amount donated to charity by Jimmy Johns, along with unclaimed portion of the $725,000
$1.40 – Amount you’re entitled to
Jimmy John’s has agreed to provide ******vouchers worth $1.40 ******to all Class Members who submit a claim for the class action settlement. The ****voucher**** will be good for any side item (pickle, potato chips or cookie) or soda at any Jimmy John’s restaurant.
That is not the same as cash. If the consumers have to accept food or drink items, then why not the lawyers too?
$1.40 per consumer is adding insult to injury. JMO and last I knew in America that was still allowed.
agreed. you should not be forced to spend money to gain a benefit from it. those numbers are sad…
You arent forced to spend money to benefit from it. Just go in and get your free chips.
Seems like Jimmy Johns is making proverbial lemonade from lemons … A buck forty cents that maybe costs them just a few nickels on each redeemed settlement voucher to buy back patronage from bad publicity. That is not much more generous than a typical coupon special available from a major sandwich shop chain to any customer. Looks like Jimmy Johns may still be ahead. But, if theyre really guilty of fraud (which might not be the case), and havent had the proper change of heart, business will suffer.
Why file this settlement? $1.40? The attorney’s will make enough to buy a house each but they need You and I to complete this task. This is not worth our time and if you fill out a claim then it tells “them” that they can continue to give smaller payouts.
LOL So…. are the lawyers getting paid in pickles, chips, cookies or soda????? LMAO Too funny. Me, I would like a $250,000 house in a location of my choosing. That’s all! :)
Its one thing to point out fraud, but with something like sprouts on a sandwich, shouldnt the customer notice that at the time of purchase and then just politely ASK for sprouts? Then if they were out of sprouts, and out of sprouts every time the sandwich was purchased, that becomes a different matter. Some of this reeks of crass opportunism.