Published
June 19, 2026
Updated
June 19, 2026
Allegations Only · Case Dismissed · Nothing to Claim
This article describes a proposed class action complaint. The statements attributed to the complaint are unproven allegations. Upside Services, Inc. was not found liable, no class was certified, and the case was dismissed with prejudice on September 26, 2024. There is no settlement and nothing to claim. This page is informational and is not legal advice.
A proposed class action accusing the Upside cash-back app of ending referral payments that users were allegedly promised for life has been dismissed with prejudice. The case did not produce a class settlement, no class was certified, and there is no claim form or payment available to Upside users.
Status
Case Dismissed
Dismissal Date
September 26, 2024
Dismissed with prejudice
Settlement
None Announced
Can I Claim?
No
The lawsuit was dismissed and did not create a settlement or claims process.
Class Certified?
No
Case Number
3:23-cv-05982-SK
What Was the Upside Referral Lawsuit About?
The case, Logan Allec v. Upside Services, Inc., was a proposed class action filed on November 17, 2023 in the U.S. District Court for the Northern District of California. It was assigned to Magistrate Judge Sallie Kim under case number 3:23-cv-05982-SK.Upside Services operates the Upside cash-back app, formerly known as GetUpside. The app offers users cash back when they buy fuel and make other everyday purchases at participating retailers. The complaint described Upside as a cash-back, or "rebate," service. That word was used only as a general description of how the app works — this case was not about a company called Rebate.com or Rebates.com.
According to the complaint, Upside ran a referral program that encouraged users to promote the company and recruit new customers. The lawsuit centered on what the plaintiff alleged the company promised referring users in exchange for that promotion.
What Did Upside Allegedly Promise?
The following points come from the November 17, 2023 complaint. They are the plaintiff's allegations, not findings by any court.• Upside allegedly promised referring users ongoing payments whenever the people they referred purchased gasoline through the app.
• Some promotional language allegedly described those payments as continuing "forever" or for the referring user's lifetime.
• The plaintiff alleged that he invested time and money creating videos, articles, and other promotional content to bring new users to Upside.
The plaintiff said he relied on those alleged promises when he chose to build an audience and a referral network around the app.
Why Did the Plaintiff Sue?
According to the complaint, the dispute arose after Upside allegedly changed the terms of its referral program. The plaintiff alleged the following sequence of events:• Upside allegedly changed its referral-program terms in November 2021.
• Upside allegedly stopped paying certain referral earnings beginning around December 1, 2021.
• The plaintiff claimed Upside attempted to apply its revised rules to referrals that had already been made under the earlier terms.
• The plaintiff alleged that his existing referral network should have generated approximately $13,996.83 during December 2021 alone.
The complaint sought to represent California residents who made referrals under the alleged lifetime referral program, and it sought damages exceeding $5 million on behalf of the proposed class.
The causes of action included claims under California's Unfair Competition Law, California's False Advertising Law, and California's Consumers Legal Remedies Act, along with claims for fraud, unjust enrichment, breach of contract, breach of the implied covenant of good faith and fair dealing, and conversion. Each of these was an allegation the plaintiff would have had to prove; none was established as fact.
What Happened to the Upside Class Action?
The proposed class action was dismissed with prejudice on September 26, 2024. No class was certified, no class settlement was approved, and there is no claim form or payment available through this case.Publicly available information confirms that the complaint was dismissed with prejudice, although the final dismissal order was not available through the free docket sources reviewed by OpenClassActions.com. The dismissal was identified through the professional case history of defense counsel Josephine Petrick of the Norton Law Firm, which states that counsel obtained a dismissal with prejudice of the class action complaint in Allec v. Upside Services, Inc.
We are not able to say, from the free sources reviewed, whether the dismissal followed a court ruling on the legal claims, an order compelling arbitration, a private resolution between the parties, a stipulation, or another procedural development. The early docket entries that are publicly visible do not include the final order, and we do not speculate beyond what the record shows.
What Does "Dismissed With Prejudice" Mean?
"Dismissed with prejudice" is a procedural outcome. In plain terms:• The district-court lawsuit is closed.
• The named plaintiff generally cannot refile the same claims in another district-court action.
• It does not mean consumers won compensation.
• It does not create a settlement fund.
• It does not mean Upside users should submit a claim.
A dismissal with prejudice is different from a settlement. When a class action settles, a court usually approves a fund and a notice goes out explaining how to file a claim. That did not happen here.
Was a Class Ever Certified?
No. The court did not certify a class in this case before it ended. "Class certification" is the step where a judge decides whether a lawsuit can move forward on behalf of a larger group rather than just the named plaintiff. Because no class was certified and the case was dismissed, there is no group of class members entitled to anything through this lawsuit.Is There an Upside Settlement or Claim Form?
No. Because the case was dismissed and no class settlement was approved, there is no settlement website, no claim form, and no deadline to act. If you see a website or message inviting you to "file an Upside claim," treat it with caution and verify it against official court records before sharing any personal information.Readers looking for class actions that are currently open and accepting claims can browse the open class action settlements tracked on OpenClassActions.com.
Can Upside Users Receive Payments?
Not through this lawsuit. There is no court-approved fund and no claims process tied to the Allec v. Upside Services case. Any cash back a user earns inside the Upside app itself is a separate matter from this litigation and is governed by Upside's own current terms.Is Upside the Same as Rebate.com?
No. The defendant in this case was Upside Services, Inc., the operator of the Upside cash-back app, formerly called GetUpside. It is not Rebate.com, Rebates.com, or a company named "Rebate." The complaint used the word "rebate" only as a general description of Upside's cash-back service. If you arrived here looking for a different company, this lawsuit is not about that business.This kind of dispute — where a consumer says an app's marketing did not match what later happened — is not unique to Upside. OpenClassActions.com has covered similar consumer-app cases, such as the Uber "Faster" ride class action and the Wayfair fake-sale-pricing lawsuits. Those are separate cases at earlier stages and, like this one, involve allegations that have not been proven.
Timeline of the Upside Referral Case
Entries marked "allegedly" reflect the plaintiff's account in the complaint and have not been proven.- 2016 Upside, then known as GetUpside, begins offering its cash-back service and referral program.
- November 12, 2021 Upside allegedly revises its terms to address the referral and affiliate programs.
- November 18, 2021 The plaintiff allegedly receives notice that his referral code and network earnings would be discontinued.
- December 1, 2021 Upside allegedly stops paying certain referral earnings.
- November 17, 2023 Logan Allec files the proposed class action in the Northern District of California.
- September 26, 2024 The proposed class action is dismissed with prejudice.
- June 19, 2026 No class settlement, claim form, certified class, or publicly indexed appeal was found.
Frequently Asked Questions
Is this lawsuit against Rebate.com?
No. The defendant was Upside Services, Inc., operator of the Upside cash-back app, formerly called GetUpside. It is not Rebate.com, Rebates.com, or a company named Rebate. "Rebate platform" was only a general description of Upside's cash-back service.
Is there an Upside class action settlement?
No public class settlement resulted from this lawsuit. The proposed class action was dismissed with prejudice on September 26, 2024.
Can I file an Upside claim?
No. The lawsuit was dismissed and there is no claims process. There is no claim form and no payment available to Upside users through this case.
Was the Upside class action certified?
No. The court did not certify the proposed class before the case ended.
What does dismissed with prejudice mean?
It generally means the named plaintiff cannot bring the same claims again in the same manner in district court. It does not mean a settlement was approved, that the allegations were proven, or that class members will be paid.
Why was the Upside lawsuit dismissed?
The freely available docket sources reviewed did not include the final September 26, 2024 dismissal order or enough surrounding entries to explain the precise basis for the dismissal. We do not speculate about the reason.
Did Logan Allec appeal?
No publicly indexed Ninth Circuit appeal was located through June 19, 2026. This does not confirm that no appeal exists; it means none was found in the sources reviewed.
Is Upside still operating?
Yes. Upside continues to operate its cash-back app for fuel, grocery, and restaurant purchases.
Sources
To report this story, OpenClassActions.com reviewed the allegations in the November 17, 2023 complaint and the publicly available docket information. Importantly, the final September 26, 2024 dismissal order was not available through the free docket sources located during research, so the precise basis for the dismissal could not be confirmed. The dismissal itself is confirmed through defense counsel's professional case history.What is confirmed: the case caption and number, the November 17, 2023 filing date, and that the complaint was dismissed with prejudice on September 26, 2024. What remains unverified: the reason for the dismissal, because the final order was not in the free sources reviewed. The allegations summarized above come from the complaint and have not been proven.
• U.S. District Court, Northern District of California — Logan Allec v. Upside Services, Inc., No. 3:23-cv-05982-SK (complaint filed Nov. 17, 2023)
• CourtListener / RECAP docket search: CourtListener case search
• Justia docket (incomplete free source — shows only early activity, not the final order): Justia docket
• Defense counsel case history confirming the dismissal: Josephine Petrick — the Norton Law Firm
• Company website: Upside.com
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Status
Dismissed With Prejudice
Case Title
Logan Allec v. Upside Services, Inc.
Case Number
3:23-cv-05982-SK
Court
U.S. District Court, Northern District of California
Judge
Magistrate Judge Sallie Kim
Date Filed
November 17, 2023
Dismissal Date
September 26, 2024
Company Website
Upside.com
