PORTLAND, Ore. (Legal Newsline) – A customer has filed a class-action lawsuit against a chain of soft serve ice cream and fast-food restaurants over allegations it falsely promises its mobile app users a free Blizzard ice cream treat.
Mariel Spencer filed a complaint on behalf of all others similarly situated on July 13 in the U.S. District Court District of Oregon Portland Division against International Dairy Queen Inc. alleging unlawful trade practices and unjust enrichment.
According to the complaint, in 2018 the defendant advertised on its Dairy Queen mobile app that customers could receive a free Blizzard at certain locations. The plaintiff alleges that in June, she traveled to a Dairy Queen location in Banks, Oregon and showed her mobile app screen to the cashier as Dairy Queen instructed, but she was not given a Blizzard free of cost as advertised.
The plaintiff holds International Dairy Queen Inc. responsible because the defendant allegedly represented that it had approval from Oregon Dairy Queen locations that free Blizzards would be provided to customers using its mobile app when many Oregon Dairy Queen locations had not approved of the mobile app advertisement, the suit states.
The plaintiff requests a trial by jury and seeks an order that defendant violated Oregon’s Unlawful Trade Practices Act, a judgment against defendant for the monetary value of a least five Blizzards per class member, reimbursement of litigation expenses, fees and costs, and for any other relief the court may determine as fair and proper. She is represented by Michael Fuller of OlsenDaines in Portland, Oregon; Kelly Jones of The Law Office of Kelly Jones; and Mark Geragos, Ben Meiselas, Lori Feldman of Geragos & Geragos.
U.S. District Court District of Oregon, Portland Division case number 3:18-cv-01252-SB