Frequently Asked Questions
- Why should I read the notice?
- What is this lawsuit about?
- Why is the Lawsuit a Class Action?
- Why is there a Settlement?
- Am I a part of the Settlement?
- What does the Settlement Provide?
- How could I have gotten my Cash Payment or Chipotle Voucher?
- When will I receive my Cash Payment or Chipotle Voucher?
- What else does the Settlement Provide?
- What did I give up to receive these Settlement benefits?
- Do I have lawyers in this case?
- How will the lawyers be paid?
- How could I have gotten out of the Settlement?
- If I excluded myself, can I get anything from this Settlement?
- How could I have told I don’t like the Settlement?
- What's the difference between objecting and excluding?
- When and where will the court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- What happens if I did nothing at all?
- Are there more details about the Settlement?
- How do I get more information?
Why should I read the notice?
If you made a food delivery order through Chipotle’s App or Website between May 11, 2020 and January 19, 2022, you are a member of a Settlement Class and may be entitled to an award from a class action settlement.
A Court authorized the notice because you have a right to know about the proposed Settlement of a class action lawsuit known as Aaron Aseltine and John Dundon v. Chipotle Mexican Grill, Inc., Case No. RG21088118 and about all of your options before the Court decides whether to give final approval to the Settlement. This website explains the lawsuit, the Settlement, and your legal rights.
Judge Evelio Grillo of the Superior Court of the State of California for the County of Alameda is overseeing this case. The people who sued are called the “Plaintiffs.” Chipotle Mexican Grill, Inc. (“Chipotle”) is the Defendant.Back To Top
What is this lawsuit about?
This lawsuit alleges that Chipotle made representations regarding its delivery fees, service fees, and menu prices on its delivery orders that were false or misleading. You can get complete details on these allegations in the Amended Complaint available here.
Chipotle asserts that all communications around its delivery orders were truthful and not misleading, and expressly denies any liability or wrongdoing of any kind associated with the claims alleged in the Action, and further contends that, for any purpose other than Settlement, the Action is not appropriate for class treatment.
The Parties have agreed to a Settlement. The Court has not decided who is right.Back To Top
Why is the Lawsuit a Class Action?
In a class action, one or more people called “Class Representatives” (in this case, Plaintiffs Aaron Aseltine and John Dundon) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims (except those who exclude themselves) are members of a “Settlement Class.”Back To Top
Why is there a Settlement?
The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides have agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the notice. The proposed Settlement does not mean that any law was broken or that Chipotle did anything wrong. Chipotle denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
Am I a part of the Settlement?
You are a Class Member and may be entitled to relief if you made a food delivery order through Chipotle’s App or Website during the period May 11, 2020, through January 19, 2022. The Settlement creates two Subclasses:
The Non-Rewards Member Settlement Subclass - all persons in the United States who were not members of Chipotle’s Rewards Program and ordered food delivery through Defendant’s App or Website during the Class Period and were charged a service fee and/or increased menu prices pursuant to disclosures Plaintiffs allege were deficient.
The Rewards Member Settlement Subclass - all persons in the United States who were members of Chipotle’s Rewards Program and ordered food delivery through Defendant’s App or Website during the Class Period and were charged a service fee and/or increased menu prices pursuant to disclosures Plaintiffs allege were deficient.
Excluded from each Subclass are all persons who validly opt out of the Settlement in a timely manner; governmental entities; counsel of record (and their respective law firms) for the Parties; Defendant and any of its parents, affiliates, subsidiaries, independent service providers and all of its respective employees, officers, and directors; the presiding judge in the Action or judicial officer presiding over the matter, and all of their immediate families and judicial staff; and any natural person or entity that entered into a release with Defendant prior to the Effective Date concerning Defendant’s pricing or advertisements when ordering food delivery through Defendant’s App or Website.Back To Top
What does the Settlement Provide?
For the Non-Rewards Settlement Class Members, the Settlement creates a “Non-Rewards Member Settlement Fund” of One Million Dollars ($1,000,000 USD). The Fund will first be used to pay the costs of the Notice Plan and the Claims Process, including exclusions and objections. The Fund will then be used to pay any other remaining Settlement Costs. The remaining amounts (the “Net Settlement Fund) will then be used to pay cash “Settlement Awards” to Non-Rewards Subclass Members who file a valid Claim. Non-Rewards Subclass Members who submitted a valid Claim will share the amount of the Net Settlement Fund equally.
For the Rewards Member Settlement Subclass, the Settlement offers vouchers for one free entrée from the Chipotle menu. The total vouchers to Rewards Subclass Members will not exceed Three Million Dollars ($3,000,000 USD) in retail value. Chipotle will have no obligation to honor any Claims of reimbursement made by Rewards Subclass Members once Chipotle has issued Three Million Dollars ($3,000,000 USD) in retail value worth of vouchers in the aggregate to Rewards Subclass Members. Retail value will be calculated using an average entrée value of $8.50.Back To Top
How could I have gotten my Cash Payment or Chipotle Voucher?
If you are a Non-Rewards Class Member, you must have filled out and submitted a Claim Form to qualify for a cash payment. The completed Claim Form must have been submitted online by June 28, 2022.
Upon receiving a completed Claim Form, the Settlement Administrator will review and confirm or deny your eligibility for a cash payment. If the Settlement is approved, Non-Rewards Class Members who filed a valid Claim will receive an email regarding how to receive a digital payment.
If you are a Rewards Class Member, you must have filed your Claim online. If the Settlement is approved, Settlement Awards to Rewards Subclass Members who submit a valid Claim will be provided (via email) a redemption code for a free regularly priced entrée from the Chipotle menu.Back To Top
When will I receive my Cash Payment or Chipotle Voucher?
The Court will hold a hearing at 10:00 a.m. on July 12, 2022, (which is subject to change), to decide whether to approve the Settlement. Even if the Court approves the Settlement, there may be appeals. The appeal process can take time, perhaps more than a year. You will not receive your Cash Payment or Voucher until any appeals are resolved. Please be patient.Back To Top
What else does the Settlement Provide?
Beginning on April 2, 2021, Chipotle revised the disclosures on its App and Website to a) state expressly that menu prices may be higher for delivery orders; and b) state that service charges are separate from and in addition to delivery fees, including, without limitation, the statement presented to consumers on both Chipotle’s Website and App during the online ordering process, but prior to purchasing food for delivery: “Menu pricing for delivery is higher and fees apply”; the statement presented to consumers on both Chipotle’s Website and App at checkout, but prior to purchasing food for delivery: “Delivery includes higher menu prices and additional fees to help offset the costs of delivery”; and the Offer Terms included with advertising of promotional pricing offers for delivery orders.
These disclosures are intended to remediate the issues identified by Plaintiffs and fairly and adequately inform customers of these food delivery-related charges in compliance with applicable laws. Chipotle agrees to keep these or substantially similar remediation measures in place as long as they are applicable to delivery orders.Back To Top
What did I give up to receive these Settlement benefits?
Unless you excluded yourself from the Settlement, you cannot sue or be part of any other lawsuit against the Chipotle about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. If you filed a Claim Form for benefits or did nothing at all, you will be releasing Chipotle from all of the claims described and identified in Section IV of the Settlement Agreement.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Class listed in FAQ 11 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.Back To Top
Do I have lawyers in this case?
The Court has appointed attorneys from the law firm KalielGold LLP, of Washington, D.C. to represent you and the other Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
You may contact Class Counsel if you have any questions about the Notice or the Settlement. Please do not contact the Court.
Class Counsel:Back To Top
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees, plus costs not to exceed $645,000 US. If approved by the Court, Three Hundred and Thirty-Three Thousand Dollars ($333,000 USD) will be paid out of the Non-Rewards Member Settlement Fund, and Chipotle will pay the additional Three Hundred Twelve Thousand Dollars ($312,000 USD) separately.
Class Counsel will also ask the Court for an incentive award to each Class Representative in an amount not to exceed Five Thousand Dollars ($5,000 USD) each, for their participation as Class Representatives, for taking on the risks of litigation, and for Settlement of their individual Claims as Settlement Class Members in this Action. If approved by the Court, the incentive award for Mr. Aseltine will be paid out of the Non-Rewards Subclass Settlement Fund and the incentive award for Mr. Dundon will be paid separately by Chipotle.Back To Top
How could I have gotten out of the Settlement?
The deadline for opting out of the Settlement was May 25, 2022.Back To Top
If I excluded myself, can I get anything from this Settlement?
No. If you excluded yourself, you cannot receive a Cash Payment or a Chipotle Voucher. But, you may sue, continue to sue, or be part of a different lawsuit against Chipotle about the legal issues in this case.Back To Top
How could I have told I don’t like the Settlement?
The deadline to object to the Settlement was May 25, 2022.Back To Top
What's the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the Settlement. You could have objected only if you stayed in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you excluded yourself, you had no basis to object because you are no longer part of the case.Back To Top
When and where will the court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 10:00 a.m. on July 12, 2022, at the Superior Court of the State of California for the County of Alameda, Oakland, CA 94612, in Department 21.
At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them. You do not need to attend this hearing. You also do not need to attend to have a comment or objection considered by the Court. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any change will be posted on this website. You should check this website to confirm that the date and/or time have not changed.Back To Top
Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer all questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you submitted an objection, you do not have to attend the hearing to talk about your objection. As long as you filed your written objection by the deadline, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.Back To Top
May I speak at the Final Approval Hearing?
As long as you did not exclude yourself, you could have (but did not have to) participated and spoken for yourself in this lawsuit and Settlement., You must have included in your objection a statement of whether you intended to appear at the Fairness Hearing. The deadline to submit an objection was May 25, 2022.Back To Top
What happens if I did nothing at all?
If you do nothing, you’ll be part of the Settlement Class, but get no Cash Payment or Chipotle Voucher from the Settlement. Unless you exclude yourself, you will not be permitted to continue to assert Released Claims in any other lawsuit against Chipotle about the legal issues in this case, ever again.Back To Top
Are there more details about the Settlement?
This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here, or by contacting Class Counsel at the address listed in response to FAQ 11.Back To Top
How do I get more information?
You can call toll-free 1-855-675-3034, write to Delivery Fee Settlement, P.O. Box 3037, Portland, OR 97208-3037; or go to the Important Documents page, where you will find a copy of the Notice, the Settlement Agreement, the Motion for Preliminary Approval, Class Counsel’s request for attorneys’ fees and expenses, and other important documents in the case.
PLEASE DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF DEFENDANT CONCERNING THE NOTICE OR THE SETTLEMENT.Back To Top