WALNUT CREEK, Calif., Oct. 19, 2022 /PRNewswire/ -- The following statement is being issued by Bursor & Fisher, P.A. regarding the Smashburger Triple Double Settlement.
A proposed settlement has been reached in a class action lawsuit called In Re: Smashburger IP Holder, LLC, et al, Lead Case No. 2:19-CV-00993-JAK-(JEMx).
What is this lawsuit about? The class action lawsuit alleges that Defendants, Smashburger IP Holder LLC and Smashburger Franchising LLC ("Defendants"), misrepresented the amount of meat in their "Triple Double" hamburgers. Defendants deny they did anything wrong or unlawful. The Court did not rule in favor of either party.
Who is included in the settlement? Consumers who purchased and/or consumed any Smashburger "Triple Double" hamburger between July 1, 2017, and May 31, 2019, including but not limited to the following:
- Triple Double hamburger;
- Bacon Triple Double hamburger;
- French Onion Triple Double hamburger;
- Pub Triple Double hamburger.
What can consumers get?
Cash: Consumers may be entitled to a $4.00 cash payment for each Product purchased between July 1, 2017 and May 31, 2019, up to a maximum of $20.00 in cash per household without proof of purchase.
Voucher: Consumers may be entitled to receive a product voucher redeemable, upon the purchase of a regularly-priced entrée at a company owned Smashburger-branded restaurant, for either:
(a) An upgrade of a single beef hamburger to a double beef hamburger for no additional cost. Currently, an upgrade from a single beef hamburger to a double beef hamburger generally costs approximately $2.50; or
(b) A small fountain drink for no additional cost. Currently, a small fountain drink generally costs approximately $3.09.
Consumers can claim up to 10 vouchers without proof of purchase. Consumers can receive a cash award or a product voucher award. They cannot get both.
What does the Settlement provide? If the Settlement is approved and becomes final, the Settlement provides $2,500,000 in cash and 1.5 million product vouchers to resolve the lawsuit. The actual cash amounts and product vouchers available for each eligible Class Member will not be determined until all Claims Forms have been received and may not be determined until the Settlement is final.
The Settlement Fund will pay for the following: (1) all notice and administration expenses; (2) any award of Class Counsel's Attorneys' Fees and Expenses; (3) any incentive awards to the class representatives; and (4) Settlement benefits for approved claims. Full details can be found in the Settlement Agreement, which is available at www.burgersettlement.com
How do I file a claim? Consumers must mail in a Claim Form or submit a Claim Form online at www.burgersettlement.com. Consumers can also request that a Claim Form be sent to them by calling 1-833-644-1593 toll free.
Claim Forms must be submitted electronically at www.burgersettlement.com no later than January 17, 2023, or by mail postmarked no later than January 17, 2023, and mailed to: Smashburger Settlement, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324.
What are my other options?
Do nothing: Consumers who do nothing will not get any Settlement benefits and give up the right to sue or continue to sue Defendants for the claims in this case.
Exclude: Consumers can exclude themselves from the Settlement, but will not receive any benefits. Consumers will keep the right to sue or continue to sue for the claims in this case. Requests for Exclusion must be postmarked by December 19, 2022.
Object: Consumers who do not exclude themselves may object to the Settlement or tell the Court what they don't like about it. Objections must be filed with the Clerk of Court and a copy mailed to the Settlement Administrator by December 19, 2022.
More details about consumer rights and options are available at www.burgersettlement.com.
What happens next? The Court will hold a hearing on January 30, 2023, at 8:30 a.m. PT in Courtroom 10B at the First Street Courthouse, 350 W First Street, Los Angeles, CA 90012, to consider whether to approve the Settlement, Class Counsel's Attorneys' Fees and Expenses, and incentive awards to class representatives. Class Counsel's fee motion will be posted to www.burgersettlement.com once filed. Consumers or their attorney may ask to speak at the hearing at their own cost, but they don't have to.
How do I get more information? This is only a summary. The full notice and important documents are available at www.burgersettlement.com or by contacting the Settlement Administrator in writing at Smashburger Settlement, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324, or calling toll-free 1-833-644-1593.
SOURCE Kroll Settlement Administration
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