Readers of a certain age will remember the once-ubiquitous “Where’s the Beef?” television ads. After being asked that very question about its “Triple Double” burgers in a couple of lawsuits filed in 2019, Smashburger will now pay $2.5 million in cash and provide 1.5 million product vouchers to settle allegations that it shorted consumers on the amount of meat they were getting.
Below is everything you need to know about the settlement. Read on to learn more about who’s covered, what the settlement provides, when consumers will get their money (or burgers!), and more.
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Who’s covered by the Smashburger settlement?
The settlement, which received preliminary approval from the court on September 19, 2022, covers anyone who, between July 1, 2017 and May 31, 2019, bought and/or consumed a hamburger sold under the Smashburger brand with any name that included the phrase “Triple Double,” including, but not limited to, the following:
- Smashburger Triple Double;
- Smashburger Bacon Triple Double;
- Smashburger French Onion Triple Double; and
- Smashburger Pub Triple Double.
What does the settlement provide?
Under the settlement, consumers who submit valid claims can receive $4 cash per eligible burger purchase, up to a maximum of $20. Proof of purchase is not required, and claimants can choose to receive payment via an e-Mastercard, direct deposit, PayPal, Venmo, Zelle or paper check.
In the alternative, eligible Smashburger customers can choose to receive a product voucher for every eligible purchase that will entitle them to, upon buying a regularly priced entrée, either a free upgrade of a single-beef hamburger to a double-beef hamburger or a free small fountain drink. Eligible consumers can claim up to 10 vouchers without proof of purchase, the official settlement website says. Product vouchers will be sent to the email provided on the claim form and will expire after no less than two years.
The final amounts of claimants’ cash awards may increase or decrease depending on the total number of claims submitted. Similarly, if more than 1.5 million vouchers are requested, the number of vouchers given out will be proportionately reduced.
How do I file a claim?
To file a claim for the Smashburger settlement, head to this page and enter your contact information. From there, enter the total number of eligible burgers you bought and/or consumed between July 1, 2017 and May 31, 2019. Lastly, select whether you wish to receive cash or vouchers, sign your name electronically, enter the date and hit “Submit.”
Claims must be filed online or by mail by January 17, 2023. If you do nothing, you will receive nothing from the settlement and lose your right to sue Smashburger for the claims covered in the litigation.
A mail-in claim form can be downloaded here.
When will I get my money or voucher(s)?
Benefits from the settlement will be distributed after the deal receives final approval from the court (the last hurdle in the class action settlement process), all appeals have been resolved, and attorneys’ fees and expenses are sorted out and approved. A final approval hearing is slated for January 30, 2023 in Los Angeles.
The official settlement website states that resolving appeals (should they be filed) can take time – “potentially more than a year” – and asks class members to be patient throughout the final stages.
Once everything is resolved, checks and product vouchers will be mailed within 45 calendar days, the settlement website states.
Where can I get more information?
Head to this page to contact the settlement administrator.
What were the original lawsuits about?
The initial complaints against Smashburger alleged that despite advertising the “Triple Double” burgers as containing “double the beef,” the two patties inside the “Triple Double” have the same amount of beef as the single patty of a regular-sized burger.
According to the complaints, Smashburger “knew or should have known” that its “double the beef” claim was false and misleading and would deceive reasonable consumers.
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