Have you ever eaten at a Smashburger restaurant? In that case, you could be eligible for a part of a $5.5 million settlement the fast-casual chain has agreed to with a purpose to resolve a category motion lawsuit. 

In response to a criticism filed in 2019, Smashburger CEO Tom Ryan promoted the chain’s Triple Double hamburgers as having “3 times the cheese and double the meat in each chew” in a 2017 advertising and marketing marketing campaign.

However, the plaintiffs allege, the Triple Double was made with two half-size patties — which means it has the identical complete quantity of beef as the corporate’s regular-sized burger. 

Smashburger didn’t reply to a request for remark. In courtroom filings, it denied any wrongdoing.

Smashburger, which has greater than 312 corporate-owned and franchise places, agreed to the monetary settlement in September and the claims web site is now reside. 

What’s Smashburger accused of within the class motion swimsuit?

In 2017, Smashburger was sued by In-N-Out Burger, which alleged that Smashburger’s Triple Double burger infringed on the trademark for In-N-Out’s widespread Double-Double burger.

In-N-Out additionally added false promoting fees, alleging that an raw traditional Smashburger patty weighed 5 ounces, whereas the Triple Double burger was simply manufactured from two 2.5-ounce beef patties.

In a subsequent criticism filed in 2019, Smashburger buyer Andre Galvan stated he bought about 10 Triple Double burgers after being misled in regards to the quantity of beef within the sandwiches. 

Galvan’s swimsuit, which alleged fraud and false promoting, was consolidated with different comparable circumstances and granted class motion standing. 

Who’s eligible for fee?

Anybody within the US who bought a Smashburger Triple Double, French Onion Triple Double, Bacon Triple Double or Pub Triple Double hamburger between July 1, 2017, and Might 31, 2019, is eligible to file a declare.

Proof of buy isn’t required to obtain compensation.

How a lot cash may I obtain?

If the settlement receives last approval, class members will probably be eligible for a money refund of $four for every Double Triple hamburger they bought — as much as 5 burgers, for a complete of $20.

In lieu of money, they’ll additionally settle for as much as 10 vouchers entitling them to improve a single-beef burger to a double-beef one (price about $2.50) with the acquisition of a usually priced entree.

Alternatively, the vouchers can be utilized to get a small fountain soda at no further price (a $three worth).

The phrases of the settlement present for $2.5 million in money and 1.5 million product vouchers, including at the very least one other $three million to the payout, in keeping with a press announcement from Kroll, the agency managing the settlement.

Learn on: What Is a Class Motion Lawsuit? How Do I File One?

How do I file a declare within the Smashburger swimsuit?

When you imagine you qualify for a fee beneath the settlement, you possibly can submit a declare kind on the settlement web site.

You can too request a declare kind by calling 833-644-1593 or submit one by mail to:

Smashburger Settlement
c/o Kroll Settlement Administration
PO Field 5324
New York, NY
10150-5324

When is the deadline to file a declare?

The deadline to file a declare to obtain fee from the Smashburger settlement is Jan. 17, 2023. All claims should be electronically submitted or postmarked by that date.

The deadline to be excluded from the settlement and retain the suitable to file separate litigation is Dec. 19, 2022.

When will I obtain cash within the Smashburger settlement?

A last listening to for approval of the payout is scheduled for Jan. 30, 2023. As soon as the listening to is adjourned and any objections and appeals are resolved, money funds and product vouchers will probably be mailed inside 45 days. 

“If there are appeals, resolving them can take time — doubtlessly greater than a yr,” reads a press release on the settlement web site. “Please be affected person.”

For extra class motion fits, see in the event you’re eligible for American AIrlines’ $5 million baggage-fee payout or T-Cellular’s $350 million data-breach settlement.

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