Burger King BOGO Croissan’wich Class Action Settlement

Burger King customers who bought Croissan’wiches using a buy one, get one free coupon could get $5 in cash or a $2 gift card from a recent class action settlement.

The settlement compensates customers who were charged the higher price of a Croissan’wich with meat, egg or cheese even when they ordered sandwiches that did not have those ingredients.

Plaintiff Koleta Anderson accused defendant Burger King Corp. of charging more for two Croisssan’wich sandwiches bought using a BOGO coupon than the customer would have paid for a single sandwich. Anderson claimed this alleged overcharge violated the consumer protection laws of Maryland, Virginia, and the District of Columbia.

Further investigation revealed that in certain states, Burger King customers may indeed have paid more than they should have.

At locations that used a particular cash register system, some customers who ordered Croissan’wiches without egg, cheese or meat may have been charged the higher price of a Croissan’wich made with those ingredients.

The charge could have made a difference of as much as $1 per purchase, according to Burger King. The company estimates fewer than 10 percent of BOGO orders were affected by this charge.

By October 2017, the parties had settled this Burger King class action lawsuit and submitted the settlement to the court for preliminary approval. The settlement will provide cash payments for Class Members who provide receipts showing qualifying Croissan’wich purchases. Class Members who do not provide receipts can get a Burger King gift card.

Burger King has since updated its point of sale system and issued instructions to restaurant personnel to manually ring up the lower-priced Croissan’wich when appropriate, before crediting the customer for the coupon.

Burger King denies it has done anything wrong, and the court has made no decision on liability. The company says it agreed to the settlement only to avoid the costs, disruption and distraction that would come from further litigation.

Objections to the settlement must be filed no later than March 13, 2018.

Who’s Eligible

Class Members include all persons who between Oct. 1, 2015 and May 19, 2017 purchased two or more Croissan’wich sandwiches from a Burger King Corp. restaurant, redeemed a buy one, get one free coupon for that purchase, and paid more than the amount the restaurant was charging at the time for the higher-priced Croissan’wich ordered.

Potential Award

$5 cash or $2 gift card.

Class Members who submit receipts that show they made a qualifying Croissan’wich purchase using a buy one, get one free coupon can receive a $5 payment for each qualifying receipt. Class Members who do not provide qualifying receipts can receive a single $2 Burger King gift card.

Proof of Purchase

Class Members must submit a qualifying purchase receipt to receive a cash payment. No receipt or documentation is required to receive a Burger King gift card.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

1/19/2018

Case Name

Anderson v. Burger King Corp., Case No. 8:17-cv-01204, in the U.S. District Court for the District of Maryland

Final Hearing

4/3/2018

UPDATE: The Burger King BOGO Croissan’wich Class Action Settlement was granted final approval on April 3, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On May 5, 2018, Top Class Actions viewers started receiving $2 gift cards from the Burger King BOGO class action settlement. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.bkcbogosettlement.com

Claims Administrator

Burger King Corporation Injunctive Relief Settlement
c/o KCC Claims Administrator
P.O. Box 404000
Louisville, KY 40233-4000
1-877-468-0436

Class Counsel

Stuart A. Davidson
Christopher C. Gold
Roxana Pierce
ROBBINS GELLER RUDMAN & DOWD LLP

Steven D. Silverman
William N. Sinclair
SILVERMAN THOMPSON SLUTKIN & WHITE LLC

Defense Counsel

Jeffrey Jacobson
Lauri Mazzuchetti
Joseph Wilson
Mindy Pava
KELLEY DRYE & WARREN LLP