A $5.5 Million Settlement Will Be Paid Out By Smashburger
American fast-food chain, Smashburger, will pay out a $5.5 million settlement due to the alleged false advertisement of their product.
Triple Double Burger Lawsuits
In 2019, a class action lawsuit was filed against Smashburger, alleging that the company has falsely advertised their “Triple Double” burger.
Smashburger added the said product to their menu in July 2017. When the product was added, the company marketed it as containing double the amount of beef compared to their regular burgers.
The lead plaintiff, Barbara Trevino, claims that this advertisement is false. The plaintiff asserts that the Triple Double contains the same amount of beef as the Classic Smash.
The plaintiff argues that Smashburger has knowingly deceived its consumers regarding the amount of beef in their burger. The plaintiff adds that false marketing has tricked consumers into buying the product.
The plaintiff states that Smashburger has breached multiple laws, including the False Advertising Law, The Unfair Competition Law, the Consumer Legal Remedies Act, and the product’s express warranty.
Lead plaintiff Andre Galvan filed another class action lawsuit against the Triple Double burger. The case contained similar claims as the one filed by Barbara Trevino.
In March 2021, a proposed settlement amounting to $5.5 million has been determined to resolve the allegations made against Smashburger.
According to the settlement terms, Smashburger will compensate affected users in different ways. Eligible class members do not need to present a receipt or proof of purchase to be repaid.
The settlement terms state that $20 is the maximum amount that each class member will reimburse.
Smashburger will give out 1.5 million vouchers. Each of these vouchers will have a value ranging from $2 to $2.49.
The total amount that the coupons will cost is estimated to be around $3 million.
Eligible class member has an option to redeem a maximum of 10 vouchers each, which is equal to $20 to $24.90 per customer.
The vouchers to be given away are transferable. According to the terms, this will allow the class member to buy any of the following:
- A free burger upgrade, from single-beef to double-beef
- A free regular meal from Smashburger
- A free small drink
The proposed settlement states that if the number of claimed vouchers is below 1.5 million, the remaining coupons will be given by Smashburger to the Boys and Girls Club. The court has not yet approved this proposal.
Class Member Eligibility
The following individuals will be considered as class members:
- Individuals residing in the United States who has purchased at least one of the following burger variant from Smashburger:
- Triple Double hamburger
- French Onion Triple Double hamburger
- Bacon Triple Double hamburger
- Pub Triple Double hamburger
- The burger was bought from July 1, 2017, to May 31, 2019
Eligible class members may receive a reimbursement of $4 for each of the covered burgers they have bought.
The maximum amount of compensation a class member may receive is for five burgers, equal to $20.
Editor’s Note on Smashburger Triple Double Burger Settlement:
This article is published to inform you of the latest settlement to be paid by Smashburger due to allegedly falsely advertising their Triple Double burgers.
Have you bought any of the Triple Double burger variants by Smashburger?
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