HGD Files Class Action against Proctor and Gamble for Allegedly Reneging on a Costco Promotion Rebate
A class action lawsuit alleges that Procter & Gamble (P&G) reneged on a Costco promotion that gave consumers a $25 rebate.
Plaintiff Kim Schoettker claims that P&G created a promotion in which consumers who purchased $100 worth of P&G products from Costco would receive a $25 cash card to Costco.
The plaintiff says she purchased more than $100 of P&G products, and submitted her claim to P&G, however she never received her rebate worth $25. Schoettker claims that after numerous conversations with the defendant, she was told that her check was “in the mail.”
The class action lawsuit states that “Plaintiff’s last contact with Defendant was on or about February 12, 2019, when Defendant stopped assuring her that her Rebate was in the mail, and, instead, simply informed Plaintiff that the Program had ended and to ‘contact Costco customer service at your local building’ if she had additional questions.”
The P&G class action lawsuit claims that “[d]espite these representations, the Defendant did not intend to fulfill its obligations to Plaintiff and the Class Members by sending Rebates to all consumers who participated in the Program.”
The plaintiff alleges that although the program’s Terms and Conditions stated that the deal was limited to two rebates per household, P&G never told the putative Class Members that there was a limited supply of rebates that would be given out.
The P&G class action lawsuit states that participants would have to make a purchase of $100 worth of P&G products, take a photograph of the receipt of purchase, and upload the receipt to the website www.getpgoffer.com.
The plaintiff claims that “As a result of Defendant’s deceptive, unconscionable, fraudulent and misleading advertising regarding the Program, Plaintiff and the Class Members have conferred a benefit on Defendant by purchasing—at a minimum—$100.00 worth of P&G’s products from Costco.”
“A valid contract existed between Defendant and Plaintiff and the Class Members. The Program constituted an offer on the part of the Defendant, and the participation of Plaintiff and the Class Members in the Program by submitting valid claim forms constituted acceptance of the Defendant’s offer,” the class action states.
The P&G class action lawsuit alleges breach of contract, violation of the Ohio Consumer Sales Practices Act, Ohio Deceptive Trade Practices, and unjust enrichment.
Potential Class Members include, “All United States Persons who participated in the Program, fulfilled all of the conditions required by the Program’s Terms and Conditions, but did not receive a Rebate.”
The plaintiff is represented by David G. Utley of Collins Roche Utley & Garner LLC and Gayle L. Douglas and Mark R. Ekonen of Heninger Garrison & Davis LLC.
The Procter & Gamble Rebates Class Action Lawsuit is Schoettker v. The Procter & Gamble Company, Case No. 1:19-cv-00582, in the U.S. District Court for the Southern District of Ohio.
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