You’ve Got Less Than 3 Weeks to Claim Money from Smashburger’s $5.5 Million Settlement

If you’ve eaten at a Smashburger restaurant you might be eligible for part of a $5.5 million settlement the fast-casual chain has agreed to in order to resolve claims it misrepresented the amount of meat in its Triple Double hamburgers

According to a class action lawsuit filed in 2019, Smashburger CEO Tom Ryan promoted the sandwiches in a 2017 marketing campaign as having “three times the cheese and double the beef in every bite.”

But, the plaintiffs allege, each of the two patties in the Triple Double is half the size of a normal burger — 2.5 ounces versus 5 ounces — meaning both burgers have the same amount of beef overall.

Lead plaintiff Andre Galvan claimed that, after being misled about the sandwiches, he purchased about 10 Triple Double burgers.  Galvan’s suit, which alleged fraud and false advertising, was consolidated with other similar complaints and granted class action status. 

Smashburger did not respond to a request for comment but, in court filings, denied any wrongdoing.

The restaurant chain, which has more than 312 corporate-owned and franchise locations nationwide, agreed to the financial settlement in September. The deadline to file for part of the payout is quickly approaching.

Find out who is eligible to submit a claim, how much money you could get from Smashburger and when the deadline is.

For more on class action lawsuits, see if you’re eligible for American AIrlines’ $5 million baggage-fee payout or T-Mobile’s $350 million data-breach settlement.

Who’s eligible for payment from Smashburger?

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.

Read on: What Is a Class Action Lawsuit? How Do I File One?

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:

Smashburger Settlement
c/o Kroll Settlement Administration
PO Box 5324
New York, NY

When is the deadline?

All claims in the Smashburger settlement must be submitted electronically or postmarked by Jan. 17, 2023. 

The deadline to object to the settlement or to be excluded from it and retain the right to file separate litigation was Dec. 19, 2022.

When will I receive my money?

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 out within 45 days. 

“If there are appeals, resolving them can take time — potentially more than a year,” according to a statement on the settlement website. “Please be patient.”

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