Law360 (May 7, 2018, 10:40 PM EDT) — The Second Circuit on Monday upheld the dismissal of a putative class action accusing e-merchants such as Buy.com and Priceline of conspiring with loyalty club businesses to deceptively enroll consumers in rewards programs that automatically charge monthly fees, ruling that the plaintiffs had failed to refute that they had provided their consent.
The seven consumers leading the appeal, who are former participants in online discount membership programs, claimed that the lower court had erred in tossing their privacy, fraud and racketeering claims against loyalty program Trilegiant Corp.,…
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