Kearney v. Equilon Enterprises, LLC

65 F.Supp.3d 1033 (2014)

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Nature of the Case

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Facts

Kearney (Ps) bring a proposed class action with a nationwide breach of contract claim based on state unlawful trade practice statutes. Ps saw an advertisement allegedly displayed by Equilon (D) at Shell-brand service stations. The ad says “Buy 10 Gallons of Fuel, Get a Voucher for a Free Lift Ticket.” The advertisement was part of D's 'Ski Free' promotion. After individuals purchased ten gallons of fuel and requested a voucher for a free lift ticket, they received a voucher with their purchase receipt. The voucher could not be exchanged directly for a free lift ticket, but rather was a 'two for one' coupon that allowed the individual to obtain a free lift ticket only after purchasing a lift ticket at full price at a participating ski resort. The voucher contained various other restrictions. Ps claim that the advertisement created a contract, the terms of which entitled Ps to a free ski resort lift ticket in exchange for buying ten gallons of gas at a participating Shell station. D moved to dismiss under 12(b)(6).