Five Guys Burgers and Fries are in some hot oil over the latest class action lawsuit filed styled Storch v. Five Guys Enterprises, LLC and FG Madison. The lawsuit revolves around claims that Five Guys violated the New Jersey Truth in Consumer Contract Warranty and Notice and the New Jersey Gift Card Act when they sold gift cards and then charged a dormancy fee for not using the card. This is pretty surprising as Five Guys has always been a pretty customer friendly restaurant. If you or someone you know purchases a gift card on or after April 4, 2006 with a dormancy fee provision you might be eligible for a $50 or $15 Five Guys Gift Card under the settlement terms. In order to obtain a settlement you MUST file a claim before May 29, 2012. Any questions or concerns about the claim form should be directed to the Class Counsel, DiSabato & Bouckenooghe LLC at 973-813-2525.
The gift card amount depends on if the class member has proof of purchase. Class members with proof of purchase will be eligible for a $50 card. Class members without proof of purchase are eligible for a $15 card as long as they agree to sign and submit a claim form under penalty of perjury. Five Guys Burgers and Fries denies all wrong doing in the lawsuit but as agreed to settle in order to avoid a lengthy, drawn out trail. The lawsuit is in the jurisdiction of the Superior Court of New Jersey, Law Division, Morris County and is in violation of law codes N.J.S.A. 56:8-110 et seq and N.J.S.A. 56:12-14 et seq.
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