Over a year and a half ago, we warned about a retail promotion promising $500 of free gasoline  if you made a particular minimum purchase at the store. Poorly disclosed in the advertisements were the facts that you also had to buy $2000 of gasoline ($100 a month for 20 consecutive months), submit proof of purchase monthly, and then get back $25 in prepaid cards each month after submissions were approved.
As it turns out, the deal was too good to be true, and thousands of consumers received nothing after submitting receipts month after month. Complaints flowed into Florida’s Attorney General, and he filed suit last February against Tidewater Marketing, the company behind the promotion. Many different retailers around the country advertised similar $500 free gas promotions, including some tire stores.
Now, a group of tire retailers that offered the promotion — Tire Kingdom, NTB (National Tire & Battery), and Big O Tires — is trying to make good with their customers. They are offering restitution to customers who received a free gas certificate from them after buying a set of tires between certain dates in 2007 and 2008.
Those customers have their choice of receiving a $100 Visa prepaid card immediately, or they can participate in an alternative $500 of free gas promotion since they “retained a [different] vendor that we are confident will meet our standards and your expectations.”
Why are these tire stores doing this? Maybe they have a conscience, and want to maintain their goodwill with customers. Or maybe it is this:
*MOUSE PRINT:
NTB is offering these programs to resolve any claim that you may have with respect to the Tidewater $500 Gas Program. If you participate, you will have to agree that the new program is a substitute for whatever rights you may have had in connection with the Tidewater program. This will include releasing NTB and Tire Kingdom from any claims that you may have had as a result of the Tidewater program. This release is an integral part of the offer.
So, you have to sign a release and agree to drop any claims you have or could have against them arising out of the original promotion. For Big O Tires, their motive is a little more immediate:
*MOUSE PRINT:
If you decide to participate in this alternate program that Big O Tires is offering in this letter, you will be giving up your ability to join the class action (should the Court decide to certify a class), as well as giving up your rights to bring a claim against Big O Tires or BOTK for claims involving the Tidewater Global Marketing program.
A consumer filed a class action against Big O Tire, and is awaiting court approval certifying the class.
In any event, although the offers being made to compensate customers are a bit self-serving, don’t look a gift horse in the mouth. Take whichever deal you prefer (noting that even with a different vendor, giving you $500 of free gas over the next 20 months is still a seemingly economically infeasible offer for the promotion company). The deadline for signing up for the alternate program is May 15… so hurry.
Information and claim forms are here: Big O Tires and Tire Kingdom/NTB.
The $100 gift card seems like a deal compared to the hurdles you’d have to jump to participate in another ‘free’ gas offer, that and waiting for a class-action settlement.
Knowing how well the lawyers make out in a class action suit as compared to the members, the $100 gift card would probably be in your best interest. You would most likely end up with a certificate for a free tire balancing with your next purchase of four premium tires.
Take the money, now.
Well, options are pretty bleak:
1) Receive 1/5th of what you’re entitled to
2) Roll the dice and hope that the second “program” turns out better or
3) Hope the lawsuit pans out better
I received the same offer last September after sitting in on a time share promo. I bought $100 of gas a month which wasn’t hard as gas prices were way up. I sent in my coupons and receipts and even received an acknowledgement that they were received, but never got any thing for it. After 4 months I stopped. I couldn’t find any body to contact.
There is another scam starting up but
instead of FREE GAS
they offer $500 worth of FREE GROCERIES.
i know about the 500.00 free groceries im getting the run around from them now i was told they have a class action against them what a friggin game
Well, I’ve gone with the new program, considering I was already over $100 invested. in June I resent all my receipts dating back to November of 2008, (certified, with delivery confirmation). I STILL have not seen 1 cent of rebate. Just got off the phone with the company now handling it and was told it will be ANOTHER 60 days before I can expect to see any rebate. What a joke!