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.

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