Business

Lawsuit claims Burger King’s BOGOs are bogus

Maryland resident Koleta Anderson accused Burger King in a lawsuit of charging customers more for its Croissan’wich when a customer uses a Burger King-issued Buy One, Get One Free coupon.
Maryland resident Koleta Anderson accused Burger King in a lawsuit of charging customers more for its Croissan’wich when a customer uses a Burger King-issued Buy One, Get One Free coupon. AP File

A Maryland woman accuses Burger King of running a nationwide coupon con.

Koleta Anderson felt the fast-food chain with Miami roots engaged in bad math with bad intentions by jacking up the price of a Croissan’wich when a customer used a Burger King Buy One, Get One Free (BOGO) coupon. And, she claims, she has evidence from Burger King restaurants in Florida, Maryland, Virginia and the District of Columbia.

So Anderson of Upper Marlboro, Maryland, filed a class-action lawsuit in the U.S. District Court in the District of Maryland, accusing Burger King of deceptive trade practices, breach of contract and breach of implied covenant of good faith and fair dealing.

Burger King, whose main offices remain in the Miami area, is owned by Restaurant Brands International after a merger with Canadian coffee and doughnut giant Tim Hortons.

According to her lawsuit, which includes scans of the coupons and receipts, Anderson used her BOGO coupon at 7:58 a.m. March 12 at a Burger King in Forestville, Maryland. She was charged $3.19, pre-tax, for two Sausage Croissan’wiches. But, when she bought a third Sausage Croissan’wich at 7:59 a.m. without a coupon, the base cost was $2.16.

Wondering if the Forestville location might’ve gone rogue, Anderson went to a District of Columbia Burger King on Connecticut Avenue on April 15. Once again, she used a BOGO coupon. This time, the receipt says, she paid a base price of $4.19 at 7:19 a.m. for two Sausage Croissan’wiches. Immediately after, she bought a single Sausage Croissan’wich: $1.

Burger King could not be immediately reached for comment on the lawsuit.

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David J. Neal dneal@MiamiHerald.com

Anderson went to a Burger King in Alexandria, Virginia, seven days later. This time, the lawsuit says, $2.29 when using the BOGO coupon, $1.79 without.

Anderson’s lawyer sent an investigator to a Burger King at 1001 S. Dixie Hwy. in Lantana: $3.45 with coupon at 10:10 a.m. on April 21 and $2.29 at 10:19 a.m. without, according to the receipts on the lawsuit.

When the Miami Herald went to the Burger King at 701 NW 37th Ave. on Sunday morning, the base price charged for a Sausage Croissan’wich when ordered with the BOGO coupon was $3.19, $3.42 with sales tax. Four minutes later at the same Burger King, the base for a single Sausage Croissan’wich was $2.99, $3.20 total with sales tax.

The Herald found similar totals at 1309 NW 20th St., near Jackson Memorial Hospital. The breakfast sandwich when ordered with the BOGO was $3.19, $3.64 total when apparently sales tax was charged for both sandwiches. It was $2.99, $3.20 total with sales tax for one.

David J. Neal: 305-376-3559, @DavidJNeal

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