This Woman Files Lawsuit Against Burger King For ‘Deceptive’ BOGO Coupon

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Does Burger King really let you have it your way? Not according to a class action lawsuit recently filed by a Maryland woman who claims the fast food chain uses “deceptive” practices.

Koleta Anderson argues in the lawsuit that Burger King actually increased the price of its breakfast sandwiches when she used a “buy one, get one free” coupon earlier this year. She claims that customers are actually paying higher prices when they try to take advantage of the BOGO deal at Burger King.

Prices Not Adding Up

Here’s how Anderson alleges it all went down.

Anderson says she visited a Burger King in Forestville, Maryland, on March 12. Using a “buy one, get one free” coupon, she ordered a sausage Croissan’wich and got one for free. She paid $3.19 plus tax for the first breakfast sandwich only, since the second was free.

Just one minute later, according to receipts she submitted as part of her lawsuit, she bought a third Croissan’wich on its own with no coupon. Anderson states that this one cost $2.16 before tax.

Confused? Here’s what Anderson says happened.

  • Using the BOGO coupon, she paid $3.19 for one sandwich (and got one for free).
  • Without the coupon, she paid just $2.16—more than a dollar less.

Koleta Anderson

Thinking it was perhaps a fluke or that this particular location was employing disingenuous practices, Anderson said in the lawsuit that she decided to investigate.

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Anderson reports that she visited yet another Burger King (this one in Washington, D.C.) on April 15. For her purchase of two sausage, egg and cheese breakfast sandwiches with a BOGO coupon, she claims that she paid $4.19. She immediately purchased an additional single Croissan’wich without any coupons and says she was charged $1.00.

  • Using the BOGO coupon, she paid $4.19 for one sandwich.
  • Without the coupon, she paid $1 for one sandwich.

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.

‘Inflated Price’

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”).

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Burger King has not issued a public response to this lawsuit, to date.


About the Author

Tricia Goss

Tricia is a professional writer and editor who lives in North Texas with her family and one smelly dog. She is a wannabe problem solver, junk food maven professional coffee practitioner, web guru and general communicator. More.

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