The lawsuit states that Anderson purchased Croissan’wiches in Alexandria, Virginia. Her lawyer’s investigator did the same at a Burger King in Lantana, Florida. In addition, the Miami Herald investigated independently. Again, receipts appear to show that in all cases, the diners paid more per sandwich when they used BOGO coupons.
The suit claims that Burger King is inflating the prices of its breakfast sandwiches when customers use a BOGO coupon.
The terms of Burger King’s buy-one-get-one-free (“BOGO”) deal are well known to American consumers: buy one product at its standard price, and receive a second for free. But Burger King’s BOGO promotion works a little differently. When a consumer uses Burger King’s BOGO coupon, they are unknowingly forced to pay an inflated price for the first Croissan’wich they purchase in order to receive the second Croissan’wich for “free.” In other words, without any notice, Burger King charges a higher price for a Croissan’wich if a consumer presents a BOGO coupon at purchase.
If you are wondering whether you get in on the class action lawsuit, note that it seeks to cover:
- All persons who purchased a Croissan’wich at a Burger King location in Maryland using Burger King’s BOGO coupon (the “Maryland Class”).
- All persons who purchased a Croissan’wich at a Burger King location in the District of Columbia using Burger King’s BOGO coupon (the “District of Columbia Class”).
- All persons who purchased a Croissan’wich at a Burger King location in Virginia using Burger King’s BOGO coupon (the “Virginia Class”) (collectively, the “Classes”).
Burger King has not issued a public response to this lawsuit, to date.