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ARTICLE · 09 JANUARY 2014

A Decade-Long Promotional Disaster

Kilpatrick Townsend & Stockton LLP
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Every now and then comes a glaring reminder that all promotions must be thoroughly vetted, their terms and conditions reviewed in detail, and any agencies and employees that are involved in carrying out and fulfilling the promotion trained and educated on how to do so.

United StatesLitigation, Mediation & Arbitration
Barry Benjamin
Barry Benjamin
Jeremy Schachter
Jeremy Schachter
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Every now and then comes a glaring reminder that all promotions must be thoroughly vetted, their terms and conditions reviewed in detail, and any agencies and employees that are involved in carrying out and fulfilling the promotion trained and educated on how to do so.

It was recently reported that Caesars Entertainment is still fighting a class action lawsuit over what was likely considered a small, relatively inconsequential "birthday cash" promotion. The birthday cash promotion was run in 2003 – yes, 2003 – and over the years, Caesars had a multi-million dollar judgment entered against it, which it is litigating to this day.

The promotion offered consumers a $15 voucher on their birthday. On Saturday night, August 9, 2003, Debra Smerling went to Harrah's Resort Atlantic City with one of the $15 birthday vouchers, offered as part of the casino's loyalty rewards program. The voucher was good on Sunday, August 10.

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