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UPDATE 11.1.12: Top Class Actions readers have pointed out that the Settlement Website (www.BurgerKingClassAction.net) is not working at this time. You can also access the Claim Form and Settlement Notice by going to www.foxrob.com. The Claim Form is located on page 106 of the Settlement Agreement (link here). You can also obtain a Claim Form by calling 1-888-569-9477.
UPDATE 3.12.13: Court approves extension of settlement payout deadline to allow Class Members more time to submit documents supporting their claims.
A California federal judge on Friday approved a $19 million class action lawsuit settlement with Burger King Corp. over allegations its restaurants do not provide wheelchair access in violation of the Americans with Disabilities Act. Class Members of the Burger King settlement stand to receive over $8,200 each, according to the Class Counsel.
The Burger King wheelchair access settlement will resolve a 2011 class action lawsuit, titled Vallabhapurapu, et al v. Burger King Corporation, that alleges 86 Burger King restaurants in California have – or have had any time since October 2006 – barriers to customers who use wheelchairs or scooters. Examples of these types of barriers include: narrow “queue lines,” doors that are too narrow or difficult to open; inaccessible restrooms, seating and parking; inaccessible condiments, napkins and other items; and other wheelchair or scooter access problems.
Burger King denies any wrongdoing but has agreed to establish a $19 million class action lawsuit settlement to resolve the litigation, as well as to provide significant injunctive relief. The company has already removed most of the alleged access barriers at the restaurants involved and will be making additional improvements to access.
Class Members of the Burger King wheelchair access class action settlement include all customers who use a wheelchair or scooter for mobility and encountered access problems at one of the 86 California Burger King restaurants listed here and on the second page of the Settlement Notice.
Plaintiff attorneys estimate the average recovery per Class Member will be over $8,200, after deductions for attorney’s fees and costs.
The ONLY way to receive money from the Burger King ADA class action lawsuit settlement is to submit a Claim Form by November 15, 2012. You can obtain a Claim Form by visiting www.BurgerKingClassAction.net or by calling 1-888-569-9477. If you do not opt-in, you will not be eligible to receive any money from the settlement fund.
Further details on the Burger King Wheelchair/Scooter Access Class Action Lawsuit Settlement can be found at www.BurgerKingClassAction.net
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849 thoughts onBurger King Wheelchair Access Class Action Settlement
After myself closely reading the agreement I find that GCG is following the proper procedures and is totally living up to it’s obligations to us as clients. They seem to be doing their work professionally and morally.
The validation process that SOME, not all have been required to undergo is designed to ferret out bad claims. Please remember, those of us who have made VALID claims will benifit from the disquaification of those who can not provide verification of status-it just means more money for the rest of us. They are looking closely at people who submitted multiple claims per household, people who, by the way they filled out their claim form, seemed suspect to the claims administrators. There were no objections to the lawsuit filed at the final court hearing. This being the case, the 90 day period will end on Feb. 15. By the terms of the settlement, the claims administrator has to have ALL valid claims paid by certified mail by March 7.
Again we are going by here-say. Nothing GCG is doing has been sanctioned by the court. In fact, the court had taken appropriate action to handle the additional influx of claimants by withholding nearly 2.2 million dollars of the attorney fees, that, if necessary, will be used to pay any additional claimants if there is not enough left over of the approximately 14million dollars initially funded for claimants. People, read the court order and decide for yourself what is going on here. As for me, I will abide by what is asked of me, but I refuse to be blinded by GCG’s hyperbole. GCG is not a court and GCG administrators are not lawyers.
well after I talk to the class administrators, they indicated the reason behind the validation of certain claims is that they have received way more claims then expected and some even have 2 or more claims for the same household. The man then stated that everyone will receive some sort of letter perhaps for validation or a letter confirming how much they will receive from the settlement. Hope this helps
How much is really expected from the settlement class? Does anyone know?
The comment removal is an indication that what was being said has truth to it. This whole thing is fishy. The actions taken by GCG are not in compliance with the court order. Rough Act. I guess the hold on the lawyers fees plays a major part in GCG’s request for information that initially was stipulated to within the initial claim form.
please understand that getting the settlement checks out will take time as the amount of money that one can get is considered to be a large amount, have patience it will not go faster, if you complain. 90 days plus twenty days all checks should be out…..
umm this looks different…
wheres all the comments.. i was hoping for an update.. :-/
where did all the other comments go
I think we have every right to know the processing time. The folks over at GCG are terrible. They will not provide and additional information related to a possible estimate on the issuance of checks. The settle was already APPROVED in October so whats the hold up? I’ve read that there are as many as 800 claims to be processed and thats not alot compared to others that recieve thousands of claims and they receive their checks in 30 days or so. Here we have to wait because people like the ones working in Washington act is if their jeolous they are not a California resident. Im lwith KAREN (above) it was difficult enough to obtain a claim form and if I dont receive my damn check I will be contacting somebody regarding this. My claim was valid and filled out properly. What kills me, was having to provide dates as if we all can recall the exact dates that we’ve visited these facilities over a 6 years period, I really felts as if that was a little wacky. Welp good luck to all class members aswe shall see………………