Have you eaten at a Smashburger restaurant? If so, you might be eligible for part of a $5.5 million settlement the fast-casual chain has agreed to in order to resolve a class action lawsuit.
According to a complaint filed in 2019, Smashburger CEO Tom Ryan promoted the chain’s Triple Double hamburgers as having “three times the cheese and double the beef in every bite” in a 2017 marketing campaign.
But, the plaintiffs allege, the Triple Double was made with two half-size patties — meaning it has the same total amount of beef as the company’s regular-sized burger.
Smashburger did not respond to a request for comment. In court filings, it denied any wrongdoing.
What’s Smashburger accused of in the class action suit?
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 popular Double-Double burger.
In-N-Out also added false advertising charges, alleging that an uncooked classic Smashburger patty weighed 5 ounces, while the Triple Double burger was just made of two 2.5-ounce beef patties.
In a subsequent complaint filed in 2019, Smashburger customer Andre Galvan said he purchased about 10 Triple Double burgers after being misled about the amount of beef in the sandwiches.
Galvan’s suit, which alleged fraud and false advertising, was consolidated with other similar cases and granted class action status.
Who’s eligible for payment?
Anyone in the US who purchased a Smashburger Triple Double, French Onion Triple Double, Bacon Triple Double or Pub Triple Double hamburger between July 1, 2017, and May 31, 2019, is eligible to file a claim.
Proof of purchase is not required to receive compensation.
How much money could I receive?
If the settlement receives final approval, class members will be eligible for a cash refund of $4 for each Double Triple hamburger they purchased — up to five burgers, for a total of $20.
In lieu of cash, they can also accept up to 10 vouchers entitling them to upgrade a single-beef burger to a double-beef one (worth about $2.50) with the purchase of a regularly priced entree.
Alternatively, the vouchers can be used to get a small fountain soda at no additional cost (a $3 value).
The terms of the agreement provide for $2.5 million in cash and 1.5 million product vouchers, adding at least another $3 million to the payout, according to a press announcement from Kroll, the firm managing the settlement.
How do I file a claim in the Smashburger suit?
If you believe you qualify for a payment under the settlement, you can submit a claim form on the settlement website.
You can also request a claim form by calling 833-644-1593 or submit one by mail to:
c/o Kroll Settlement Administration
PO Box 5324
New York, NY
When is the deadline to file a claim?
The deadline to file a claim to receive payment from the Smashburger settlement is Jan. 17, 2023. All claims must be electronically submitted or postmarked by that date.
The deadline to be excluded from the settlement and retain the right to file separate litigation is Dec. 19, 2022.
When will I receive money in the Smashburger settlement?
A final hearing for approval of the payout is scheduled for Jan. 30, 2023. Once the hearing is adjourned and any objections and appeals are resolved, cash payments and product vouchers will be mailed within 45 days.
“If there are appeals, resolving them can take time — potentially more than a year,” reads a statement on the settlement website. “Please be patient.”
For more class action suits, see if you’re eligible foror T-Mobile’s .