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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
(same amount per visit that is)
to get a second check from the April 2, 13 disbursement you had to be an original eligible damages claimant (gotten your disbursement from the first checks issued in early March).
Those who received a check in the second disbursement, their amount per visit (probably) will be higher than those from the first disbursement and the amount sent out to the original eligible damages claimants would even it out so everyone receives the same amount with the second disbursement.
So if you were a late recipient and got your check from the 2.1 million set-aside per the 3/5/13 Order, you probably will not get a second check.
well were only two weeks away from the second pro rated remainder of the money. that means that the checks should be on time like three days after April 2nd. Court Judgments don’t lie.
I receive the first check. Just wanted to know if theres another one coming. If anyone know please let me know. Thanks
Has anybody heard anything about the second class action checks going out. If so can you pleaes let me know. Thanks.
$10,000 (effective January 1, 2012), except that a plaintiff may not file a claim over $2,500 more than twice a year. Limit for local public entity or for businesses is $5,000. $6,500 is the limit in suits by an individual against a guarantor that charges for its guarantor or surety services.
when a company does business in the state of california you can sue them in smalls claims court for $10,000.
i hear that you have only til the 20th to get your apeals in to gcg not post marked but in there office
now I do believe that here is a second disbursement for eligible claimants and the remaining to be disbursed to the original claimants
first of all, honny cut and pasted my post,
and secondly, second disbursement is NOT guaranteed….