nodge, ... ""All material terms, conditions and limitations of a 'free' offer must be set forth clearly and conspicuously in any advertisement in close proximity to the 'free' offer."
There is no "free" offer. There is an offer to be awarded two types of 50% off certificates if you make an early payment. Nothing is given for "free." Nothing about the certificates is stated by Starwood to be for "free." The word "free" does not appear anywhere in anything Starwood put out about the certificates. By paying early, you do not pay less in the end. By not paying early, you do not end up paying more in the end.
Here is what the Department of Justice for the State of Oregon says are examples of a "free" offer:
"The complete offer, including all terms, conditions and limitations, must be fully explained to the consumer before the transaction is consummated and the consumer must be given a meaningful opportunity to reject the offer before committing to the transaction. Examples of violations of this section include, but are not limited to:
1. A consumer shopping for an engagement ring is told he would receive a fully paid “free” vacation for two to Mexico with the purchase of a diamond ring that costs over $10,000.00. No other information is given the consumer. The consumer and his new bride are, in fact, flown to the destination for free. However, the new bride and groom are booked into a dirty, unsafe and uncomfortable hotel with poor food. Once there, the new couple is told that if they check out they will not be able to use their return tickets. The consumer is given the choice of staying in the miserable accommodations or paying an exorbitant “upgrade” fee to get into a reasonable hotel;
2. An electronics store advertises a “free” 3-day Caribbean Cruise for two with the purchase of a complete home entertainment center package. The advertisement fails to clearly and conspicuously disclose that the consumer must purchase his/her own airfare through the cruise company, that there are many blackout dates when the cruise is not available and that the price of a cruise with additional days is at a cost that is 50% more than the price of a comparable cruise.
3. A computer software company, through television advertisements, offers two “free” compact discs [CDs] of educational software. The advertisements do not disclose that the consumer must actually accept delivery of three CDs in order to get the “free” offer. If, within 15 days, the consumer does not mail back the third CD that is not “free,” the consumer is billed $79.95, the total regular cost of three CDs.
All three examples may be violations of paragraph (2)(a)(D) because they are deceptive and misleading."
http://www.doj.state.or.us/hot_topics/pdf/oar_1370200015.pdf
These are examples of the type of behavior you say Starwood has engaged in? Are you serious? It looks like there is a real problem in your analysis. I can only repeat what James asked: "What is the problem?" ... eom