Kramer

Plaintiff Keith Kramer filed a class action lawsuit. He alleged that the software product rebate program by defendant Intuit Inc. required the purchase of a second product and violated the statutory proscription against offering a rebate “contingent on an event to occur subsequent to the consummation of the transaction.” (Civ. Code, § 1770, subd. (a)(17).) We find no violation of the statute, as the second product need not be purchased after the first product is purchased, but rather can be purchased prior to or at the same time as the other product. The trial court thus properly sustained Intuit’s demurrer to the complaint.

FACTUAL AND PROCEDURAL SUMMARY

Intuit sells both Quicken software and TurboTax software. Intuit placed a green sticker on the outside of Quicken 2002 retail boxes. The sticker with prominent lettering read as follows: “For a limited time get up to $30 off this Quicken® 2002 product when you buy certain TurboTax® products with 30 day mail-in rebate inside TurboTax 2001 box.” In somewhat smaller-sized lettering the sticker also read, in pertinent part, as follows: “Rebate must be postmarked within 30 days of TurboTax purchase. See details inside…