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Claim Denial Letters Sent in Burger King Wheelchair Access Settlement
By Kimberly Mirando
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UPDATE 3.12.13: Court approves extension of settlement payout deadline to allow Class Members more time to submit documents supporting their claims. Some Class Members are already reporting having their claim denials reversed!
Top Class Actions has just learned that claim denial letters are being sent to some Class Members who participated in the Burger King Wheelchair Access Class Action Settlement reached in October. This will disappoint a lot of people who were expecting to receive a check for thousands of dollars, but we’ve learned the Settlement Administrator received a lot of fraudulent claims based on the high payout. Class Members who did not submit documents supporting their claim have been denied.
The Burger King wheelchair access settlement resolves a 2011 class action lawsuit, titled Vallabhapurapu, et al v. Burger King Corporation, that alleged 86 Burger King restaurants in California currently have or once had barriers to customers who use wheelchairs or scooters. Burger King agreed to pay Class Members who could prove they use a wheelchair or scooter for mobility and encountered access problems at these Burger King restaurants over $8,200 each.
Apparently the high class action settlement award attracted fraudulent submissions from a number of people. As a result, the Settlement Administrator mailed Class Members who submitted unsupported claims a Notice of Deficiency stating they had to submit proof that adequately demonstrates they have a mobility impairment that required use of wheelchair or scooter. Those who didn’t respond to the Notice had their claims denied.
The case is Vallabhapurapu, et al v. Burger King Corporation, Case No. C-11-00667-WHA (JSC), U.S. District Court, Northern District of California, San Francisco Division.
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Updated March 12th, 2013
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77 thoughts onClaim Denial Letters Sent in Burger King Wheelchair Access Settlement
good news today in los Angeles calif received a check in the mail 10k but just for the record another disbursement is to be April 2nd pro rated for the remaining balance for the eligible claimants Jus reading the judgment letter from HONNY BOBO hope that is I can go again good nite fornow
got my check today $16k and its a chase bank issued check.. some other that I know have not received their checks yet so perhaps tomorrow……BTW: Im in California…Torrance
What state do the ones that got a check today live in. Just wondering
Cruz, that is the ballpark amount for 2 valid visits. I do not know how many visits you claimed, but that is what they approved you for.
Got my Outcome check today by Cetified Mail.
$5300
Not quite what I was expecting, But I can pay off some bills with it.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mohan Vallabhapurapu, et al., on behalf of
themselves and other similarly situated,
Plaintiffs,
vs.
Burger King Corporation,
Defendant/Third Party Plaintiff.
vs.
Antelope Valley Restaurants, Inc., et al.,
Third Party Defendants
))))))))))))))
Case No. C11-00667 WHA (JSC)
[—————] ORDER GRANTING
PLAINTIFFS’ UNOPPOSED MOTION
FOR LEAVE TO EXTEND BY FOUR
WEEKS THE PERIOD TO
DISTRIBUTE A PORTION OF
SETTLEMENT FUND
[PROPOSED] ORDER EXTENDING DEADLINE TO DISTRIBUTE SETTLEMENT FUNDS [CASE NO. C11-
00667 WHA]
Case3:11-cv-00667-WHA Document242 Filed03/05/13
On October 29, 2012, the Court entered an Order (ECF 238) finally approving the
Settlement Agreement in the above captioned case. The Settlement Agreement specified time
lines in which the Administrator is to distribute the net settlement fund to the damages
claimants. The deadline to distribute the net settlement fund to class members who submitted
valid claims is March 5, 2013. Having fully considered Plaintiffs’ Unopposed Motion,
IT IS THEREFORE ORDERED THAT:
Plaintiffs’ request for leave to extend the deadline for GCG, the claims administrator in
this case, to distribute 15% of the net settlement fund (approximately $2.1 million) so that
certain damages claimants with potentially valid claims have time to submit additional
documents in support of their claims, is granted. The deadline of March 5, 2013 shall be
extended to April 2, 2013 for disbursements for these damages claimants.
GCG is to send approximately $11.8 million on March 5, 2013 to damages claimants
that it has already determined are eligible, and disburse the remaining $2.1 million on April 2,
2013 to additional damage claimants that it may determine are eligible on the basis of
supplemental documentation, with the remainder going pro rata to the original eligible damages
claimants.
IT IS SO ORDERED.
Dated: _______________ _____________________________
The Honorable William H. Alsup
United States District Court Judge
[PROPOSED] ORDER EXTENDING DEADLINE TO DISTRIBUTE SETTLEMENT FUNDS [CASE NO. C11-
00667 WHA]
-2-
March 5, 2013.
Case3:11-cv-00667-WHA Document242 Filed03/05/13 Page2 of 2
T MINUS 1 DAYS AND COUNTING
Leo got issues…. so many people were denied and didnt have to be
i know 10 people that where denied and leo’s name came up every time. no joke!!
MAKES YOU WONDER IF LEO WAS THE ONE THAT JUST TURNED DOWN EVERY ONE? CAUSE HE DIDNT WANT TO DO HIS JOB