Burger King Settles Lawsuit Over Deceptive BOGO Deal

The terms of a BOGO deal are simple -- you get two items for the price of one. But a Maryland woman found Burger King's 2-for-1 coupons for the chain's Croissan'wich breakfast sandwiches as anything but simple.

Koleta Anderson of Upper Marlboro, Maryland, presented evidence to the U.S. District Court in Maryland in a class-action lawsuit against Burger King Corporation for allegedly inflating prices of a Croissan'wich when a customer used a BOGO coupon.

Anderson noticed a price discrepancy when she paid $4.19 for two Croissan'wiches using a BOGO coupon at one Washington, D.C., Burger King. Upon purchasing a third Croissan'wich at the same restaurant -- without a coupon -- she was only charged $1.

After repeating the same purchases at different Burger King locations, she noticed the same pattern. She investigated further, enlisting the help of a lawyer to investigate a Florida location -- where Burger King is headquartered -- and again found similar discrepancies between the single and BOGO price.

Presenting receipts from Burger King locations in Florida, Maryland, Virginia and the District of Columbia, Anderson accused the fast-food chain of deceptive trade practices, breach of contracts, and breach of implied covenant of good faith and fair dealing, according to the Miami Herald.

The class-action lawsuit settled without acknowledging fault; however, Burger King claimed that customers who used a BOGO offer for a "modified Croissan'wich" (an order without egg, cheese and/or meat) indeed may have been charged an inflated price. Burger King claims this discrepancy occurred in less than 10 percent of all Croissan'wich purchases with BOGO coupons that took place between the class period -- Oct. 1, 2015 to May 19, 2017.

The settlement is not just a big win for Anderson and her legal team. As part of the settlement, anyone with a receipt showing a higher-priced, unmodified Croissan'wich purchase between the class period will receive from Burger King a $5 payment or $2 gift card. Customers included in the settlement have until Jan. 19, 2018 to file a claim form.

As for Anderson, Burger King awarded her a $500 "service award" and paid Anderson's $185,000 attorneys fees.