Frisco, Colorado — After months of legal bickering over a surcharge, a resolution has been reached between a Colorado ski resort and a customer.
Summit Daily reports that POWDR, which owns Copper Mountain, has reached a settlement with Gary Chaney, a disgruntled customer. According to POWDR communications manager Stacey Hutchinson and their legal representation, “the lawsuit was resolved to the satisfaction of both parties.”
The Lawsuit
On May 12th, a federal class action lawsuit was filed over a charge by Copper Mountain at the Aerie Food Court. As part of an order for Spicy Chicken on March 17, 2025, there was a surcharge from Copper Mountain. This was on top of the taxes that are applied to the order. It’s alleged that the surcharge there is typically at 7%. Because it was spring break, the order’s surcharge increased to 9%. In the lawsuit, the customer claimed this surcharge violated the Colorado Consumer Protection Act.
Here was a core argument of the lawsuit:
“Unlike Summit County and/or Colorado State Sale Tax, the Copper Mountain Resort Surcharge is not a government-mandated tax, nor is it a government imposed fee… The Copper Mountain Resort Surcharge is an additional revenue source POWDR uses to support its business operations and satisfy its private contractual obligations with affiliated entities and business partners.”
By making it a class action lawsuit, Gary Chaney was attempting to get other customers who felt wronged by the charge to join in. He sought monetary damages and an order to terminate POWDR’s “deceptive trade practices.”
POWDR called the arguments presented in the lawsuit “baseless.” By reaching a settlement, they do not have to admit to any wrongdoing.
The two sides are expected to file a joint stipulation to dismiss the case with prejudice. This definitive legal agreement means that it can’t be refiled.
Image Credits: TROY ALLEN, Summit County Courts, Copper Mountain
