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Burger King settles Croissan’wich BOGO lawsuit Justin Sullivan/Getty Images

Burger King settles Croissan’wich BOGO lawsuit

Quick-service chain admits no wrongdoing

Burger King Corporation has settled a class-action lawsuit filed in May charging that the Miami-based quick service chain had overcharged in a buy-one-get-one-free offer.

Plaintiffs represented by Robbins Geller Rudman & Dowd LLP in the case Anderson v. Burger King Corporation, alleged that Burger King overcharged its clients for modified versions of the Croissan’wich breakfast sandwiches.

Customers who ordered a Croissan’wich between October 1, 2015 and May 19, 2017 modified not to contain egg, cheese, and/or meat using a BOGO coupon, who paid more than what that restaurant would charge for a single, unmodified sandwich, might be eligible for a $5 payment or $2 gift card if they file a claim form by Jan. 19, according to a joint release by Burger King and Robbins Geller Rudman & Dowd.

As part of the settlement, Burger King denied any wrongdoing.

A hearing will be held on April 3 to determine if the settlement is adequate and to approve the law firm’s request for $185,000 in fees, up to $10,000 in expenses and a $500 service award to class representative Koleta Anderson of Upper Marlboro, Md.

According to court documents, Burger King’s investigation of the issue determined that fewer than 10 percent of BOGO orders were for two modified Croissan’wiches. The company determined that the problem occurred when a specific point-of-sale system was used. Burger King has since updated that POS system’s software and also issued instructions to operators to follow a different procedure for BOGO coupons for modified Croissan’wiches, “pursuant to which cashiers are required to manually select the lower-priced of the two purchased Croissan’wich before pressing the appropriate coupon button on the register screen.” 

Burger King Corp. did not respond at press time to inquiries about how much it anticipated spending in the settlement.

Contact Bret Thorn at [email protected] 

Follow him on Twitter: @foodwriterdiary

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