X

There's Less Than a Week to Get Money From Smashburger's $5.5 Million Settlement

According to a class-action suit, the fast-casual chain misrepresented how much beef was in its Triple Double burgers.

Dan Avery Former Writer
Dan was a writer on CNET's How-To and Thought Leadership teams. His byline has appeared in The New York Times, Newsweek, NBC News, Architectural Digest and elsewhere. He is a crossword junkie and is interested in the intersection of tech and marginalized communities.
Expertise Personal finance, government and policy, consumer affairs
Dan Avery
3 min read
Smashburger sign

Smashburger is settling a lawsuit that alleges it misled diners about how much meat was in its Triple Double burger. Here's how to claim part of the payout.

Matthew Staver/Getty Images

You might be eligible for part of a $5.5 million settlement that fast-casual chain Smashburger is paying to resolve an allegation that 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 was half the size of a normal burger's patty -- 2.5 ounces versus 5 ounces -- meaning a normal burger and a Triple Double had the same amount of beef overall.

Smashburger didn't respond to a request for comment, but in court filings it denied any wrongdoing.
The restaurant chain, which has more than 312 corporate-owned and franchise locations nationwide, agreed to the financial settlement back in September but the deadline to file a claim is just days away.
Below, find out who's eligible to receive money from the settlement, how much you could get and when the deadline is to submit a claim.

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 a claim?

You can submit a claim form on the settlement website or submit one by mail to:

Smashburger Settlement
c/o Kroll Settlement Administration
PO Box 5324
New York, NY
10150-5324

All claims must be submitted electronically or postmarked by Jan. 17, 2023. 

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."