Dairy Queen Class Action Says ‘Free Blizzard’ Coupons Aren’t Redeemable

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A disgruntled Dairy Queen customer has filed a class action lawsuit against the fast food chain, claiming she wasted time and money trying to redeem a “free Blizzard” coupon offered in Dairy Queen’s mobile app because the mobile coupons weren’t approved by most Dairy Queen franchises.

The Dairy Queen class action lawsuit is seeking compensation for similarly affected consumers for the alleged false advertising.

Plaintiff Mariel Spencer alleges in the Dairy Queen class action lawsuit that she downloaded Dairy Queen’s mobile app and received an advertisement that said if she went to her local Dairy Queen, she could receive a free Blizzard ice cream treat, if she visited within 15 minutes of receiving the notification. She claims she went to the Dairy Queen in the advertised time, but was refused a free Blizzard.

Image of Dairy Queen Mobile App

Spencer claims her experience was not unique — she alleges hundreds of other people had similar experiences, a statement she backs up by providing examples of dozens of consumer complaints made in the Google app store, where the Dairy Queen app can be downloaded. Many consumers claimed that once they had traveled to their local Dairy Queen, as instructed by the app, they were told the location did not take such coupons or did not participate in digital promotions.

Spencer claims in the Dairy Queen class action lawsuit that she and other consumers were financially injured because they spent time and, in many cases, gas, to travel to their local Dairy Queen, and once there, were denied the value of one free Blizzard. Having the coupons denied caused consumers to either not receive a Blizzard at all, or necessitated them purchasing a Blizzard at full cost.

The Dairy Queen mobile app class action lawsuit claims Dairy Queen had advertised the “free Blizzard” coupons even though many Oregon Dairy Queen locations had not approved the advertisement in the app, and had not agreed to give customers a free Blizzard when they presented a coupon.

The Dairy Queen free Blizzard class action lawsuit alleged that Dairy Queen’s conduct violated Oregon’s Unlawful Trade Practices Act. Allegedly, the company made “false and misleading representations,” about its promotion on the mobile app, and about the costs customers would have to pay to receive a Blizzard.

The Dairy Queen mobile app class action lawsuit claims that Dairy Queen willfully and knowingly violated Oregon’s Unlawful Trade Practice Act because they allegedly continued to advertise the free Blizzard offer on their mobile app even after they received hundreds of complaints from consumers that the free Blizzard offer was not valid. Allegedly, they did not attempt to remedy the problem once they learned of consumers’ complaints.

Spencer seeks damages for herself and all other similarly affected consumers, to compensate for the value lost to them from the invalid coupon, the cost of travel, and other resources used in their attempt to redeem the coupon. She also seeks restitution based on her claim that Dairy Queen was unjustly enriched by the advertisement of the false “free Blizzard” coupons.

The plaintiff is represented by Michael Fuller of OlsenDaines.

The Dairy Queen Free Blizzard Class Action Lawsuit is Mariel Spencer v. International Dairy Queen Inc., Case No. 3:18-cv-1252, in the U.S. District Court for the District of Oregon, Portland Division.