United States:
Second Circuit Upholds Dismissal Of Class Action Against E-Merchants' Sharing Of Data
09 July 2018
by
Daniel J. McLoon
,
Mauricio Paez
,
Richard Johnson
,
Jonathon Little
,
Todd McClelland
,
Jeff Rabkin
,
Lisa M. Ropple
,
Adam Salter
,
Michiru Takahashi
,
Undine Von Diemar
,
Olivier Haas
,
Jörg Hladjk
and
Anand Varadarajan
Jones Day
To print this article, all you need is to be registered or login on Mondaq.com.
On May 7, 2018, the Court of Appeals for the Second Circuit
upheld the dismissal of a putative class action against a
collection of e-merchants. The putative class had alleged that the
e-merchants had deceptively enrolled its consumers in rewards
programs, which automatically charged monthly fees, when the
e-merchants exchanged consumer data between one another. The
district court originally dismissed the claim, finding that the
plaintiffs had failed to show that they had never consented to the
exchange of information.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from United States
Defenses To Contract Damages In New York
KI Legal
Defendants who face breach of contract damages claims can assert several defenses to mitigate, or altogether eliminate, a potential award of damages against them.
Is Premises Liability The Same As Negligence?
Ward and Smith, P.A.
In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues.
Defamation vs. Free Speech
Buckingham, Doolittle & Burroughs
The concepts of defamation and free speech often collide, raising questions about where the line should be drawn between the right to express oneself and the responsibility...