Class Action

“Ski Free” Promotion

October 2016: A federal judge granted final approval of the settlement.

June 2016: A federal judge preliminarily approved the proposed settlement. A final approval hearing is scheduled for October 25, 2016.

April 2016: Plaintiffs moved for preliminary approval of a proposed settlement agreement that would provide each class member up to $40 and require the marketing for the Ski Free® promotion to inform consumers that it is a buy one, get one free offer and is “subject to restrictions or blackouts.” Any money remaining in the $2.2 million settlement fund after class members and other expenses (including attorneys’ fees, incentive awards, administrative costs) are paid will be distributed to the Better Business Bureau Center and AARP Foundation in the form of a (French for “as near as possible”): a legal doctrine that requires a judge to consider the manner in which unclaimed settlement funds in class action lawsuits are distributed. Under this doctrine, the remaining funds must be distributed for the indirect benefit of the class instead of benefiting the defendant. award.

February 2014: A class-action lawsuit was filed against Shell Oil Company for allegedly falsely advertising a “Ski Free” promotion. Specifically, plaintiffs claim that the company offered motorists a voucher for a free lift ticket after they purchased 10 gallons of fuel when, in reality, motorists would only receive the free lift ticket if they purchased a second lift ticket at full price. In addition, the complaint alleges that the company places many limitations, conditions, and restrictions on the use of the voucher. (Kearney et al v. Equilon Enterprises, LLC, Shell Oil Products US, and Shell Oil Company, Case No. 14-cv-00254, D. OR.).


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