Burger King Class Action Says BOGO Deal Tricks Customers

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A Maryland woman is challenging a Burger King buy-one-get-one-free deal, claiming it’s actually designed to deceive consumers.

Plaintiff Koleta Anderson claims defendant Burger King Corporation has been running a deceptive coupon promotion offering two of its Croissan’wich breakfast sandwiches for the price of one.

What the promotion doesn’t disclose to purchasers, according to Anderson, is that Burger King inflates the price of the first sandwich above its regular price. So a customer taking advantage of this buy-one-get-one deal pays more than the usual Croissan’wich price and isn’t really getting the second sandwich for “free” as promised, she claims.

Anderson says that in March and April of this year, she used the coupon in question to purchase sandwiches at Burger King locations in Maryland, Virginia, and the District of Columbia. Each time, she says she was charged more than the regular price for a single Croissan’wich. She believes the Burger King BOGO promotion is being run nationwide.

In her Burger King class action lawsuit, Anderson argues that this price inflation runs contrary to consumers’ reasonable expectations of how a buy-one-get-one-free deal works.

Guidance published by the U.S. Federal Trade Commission reflects that understanding. Anderson quotes an FTC guidance that says when a buy-one-get-one-free offer is held out to the public, that offer is “based upon a regular price for the merchandise or service which must be purchased by consumers in order to avail themselves of that which is represented to be ‘Free.’”

“Thus, a purchaser has a right to believe that the merchant will not directly and immediately recover, in whole or in part, the cost of the free merchandise or service by marking up the price of the article which must be purchased,” the guidance reads.

The FTC guidance also requires that any conditions on which the free offer is contingent must be set forth “clearly and conspicuously” to avoid any reasonable possibility that a consumer could misunderstand the offer’s terms.

Anderson’s Burger King class action lawsuit includes images of the coupons at issue, one of which was offered only weeks ago through the Burger King mobile app. Both coupons offer a “free Croissan’wich with the purchase of a Croissan’wich.” Neither coupon mentions any difference in price for the first sandwich, however.

Anderson proposes to represent three plaintiff Classes consisting of persons who purchased a Croissan’wich using the buy-one-get-one-free coupon at Burger King locations in Maryland, Virginia, and the District of Columbia, respectively.

She seeks an award of actual, consequential and statutory damages, injunctive and declaratory relief, court costs and attorneys’ fees, and whatever other relief the court sees fit to grant.

Representing Anderson are attorneys William N. Sinclair and Steven D. Silverman of Silverman Thompson Slutkin & White LLC, and Stuart A. Davidson, Christopher C. Gold, Alexander D. Kruzyk and Roxana Pierce of Robbins Geller Rudman & Dowd LLP.

The Burger King BOGO Class Action Lawsuit is Koleta Anderson v. Burger King Corp., Case No. 1:17-cv-01204, in the U.S. District Court for the District of Maryland.

UPDATE: On Oct. 11, 2017, Burger King 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.

UPDATE 2: December 2017, the Burger King BOGO Croissan’wich class action settlement is now open. Click here to file a claim.

UPDATE 3: 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!