Burger King Croissan’wich Class Action Settlement to Offer Cash, Gift Cards

Burger King has reportedly agreed to settle a class action lawsuit alleging it overcharged certain customers who used a buy one, get one free coupon to purchase Croissan’wiches.

On Wednesday, plaintiff Koleta Anderson filed a motion seeking preliminary approval of the proposed Croissan’wich class action settlement.

Anderson filed the Burger King class action lawsuit on May 2, 2017 and accused the fast food restaurant of charging a higher price for two Croissan’wiches when a consumer redeems the BOGO coupon than it would have charged if the consumer purchased a single Croissan’wich without the BOGO coupon.

An internal investigation by Burger King revealed that Anderson’s concerns were justified because consumers in certain states who bought Croissan’wiches at locations that used a particular electronic point of sale system may have been charged full price for a single meat, egg and cheese Croissan’wich instead of the full price for a single Croissan’wich that included only the ingredients the customer ordered.

The price differential ranged from a few cents up to $1, according to the Burger King class action settlement documents.

Burger King alleges that only 10 percent of all BOGO Croissan’wich orders were for two modified Croissan’wiches and may have been overcharged. More than 90 percent of customers who redeemed BOGO coupons for two Croissan’wiches were unaffected by the issue, Burger King claims.

After discovering the issue, Burger King updated the software for the point of sale system and provided detailed instructions to Burger King restaurants on how to process the BOGO orders.

Anderson seeks to certify for settlement purposes a Class of all consumers in the United States who, between Oct. 1, 2015 and May 19, 2017, purchased two or more Croissan’wich breakfast sandwiches from a Burger King restaurant, redeemed a BOGO coupon in connection with the purchase, yet paid more than the amount the restaurant was charging at the time for the higher-priced Croissan’wich the person ordered.

Under the terms of the proposed Burger King class action settlement, Class Members who provide receipts demonstrating that they purchased two modified Croissan’wiches with a BOGO coupon and were charged the full price for a single unmodified Croissan’wich will receive a cash payment of $5 for each documented purchase.

Class Members without receipts may file a claim to receive a single $2 gift card. To receive the gift card, Class Members must attest under the penalty of perjury that they purchased two modified Croissan’wiches with a BOGO coupon and were charged the full price for a single unmodified Croissan’wich.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Anderson is represented by William N. Sinclair and Steven D. Silverman of Silverman Thompson Slutkin & White LLC and Stuart A. Davidson, Christopher C. Gold and Roxana Pierce of Robbins Geller Rudman & Dowd LLP.

The Burger King BOGO Croissan’wich Class Action Lawsuit is Anderson v. Burger King Corp., Case No. 8:17-cv-01204, in the U.S. District Court for the District of Maryland.

UPDATE: December 2017, the Burger King BOGO Croissan’wich class action settlement is now open. Click here to file a claim.