Photo by Dave Rowland via Getty Images

How to join the class-action lawsuit against the chain

Mike Pomranz
January 02, 2018

If you’ve grabbed a Croissan’wich breakfast sandwich from Burger King at some point in the past two years or so, you may be eligible for $5 in compensation as part of a settlement in a class-action lawsuit against the fast food chain. But don’t start dreaming of where you’re going to be spending that Lincoln quite yet: The terms of the suit include a lot of specifics for your claim to qualify.

The origin of the lawsuit stems from one very astute Burger King customer—Koleta Anderson of Upper Marlboro, Maryland—who noticed that she was being charged more for a buy-one-get-one-free Croissan’wich deal that she was when she just bought a single Croissan’wich sandwich. In theory, the two-for-one deal should cost the same as a single sandwich; however, Anderson found that for her modified Croissan’wich order—meaning an order for the sandwich without egg, cheese and/or meat—the sandwich cost less because it included less ingredients, but on the BOGO deal, she was charged the full, unmodified price.

That distinction might sound like a small discrepancy—and indeed, Burger King attributed the issue to a computer problem. According to the Miami Herald, the settlement documents stated, “The chain promptly sent a software update to its franchisees who use the particular point-of-sale system at issue, as well as written instructions to restaurant cashiers, to ensure that the problem ceased.” However, Anderson’s lawyers were able to reach an out-of-court settlement, with Burger King not admitting to any wrongdoing, nonetheless.

So how do you claim your piece of this Croissan’wich pie? According to the law firm Robbins Geller Rudman & Dowd LLP, claims can be made at from now until January 19. However, to qualify, you must have used a BOGO coupon to purchase at least two Croissan’wich sandwiches during the period of October 1, 2015 and May 19, 2017. Additionally, and importantly, your order had to have been modified—meaning you told BK to hold either the meat, the cheese or the egg—but you ended up paying a higher price anyway. Yes, these kinds of orders are relatively uncommon, with Burger King suggesting that only about 10 percent of all of its BOGO purchases fit the bill of this particularly class-action suit.

Still, if you’ve been known to dabble in Burger King BOGO coupons and modified orders, you could be entitled to either a $5 cash payment or a $2 gift card. Luckily, the claim form asks if you have receipts for your purchase or purchases, but receipts aren’t necessary to file.

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