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Contracts Keyed to Epstein
Berkson v. Gogo LLC
Citation:97 F. Supp. 3d 359 (2015)
Gogo provides passengers with Wi-Fi access on many domestic airlines. Gogo’s website advertised the cost of a monthly Wi-Fi subscription and the cost of a single day pass. It is alleged that, when potential customers registered for the monthly service, no notice was given about a recurring monthly charge. Plaintiffs claim that they each purchased Wi-Fi from Gogo in reliance on representations they saw on the company’s website. They argue that this information led them to believe that they were only agreeing to a one-month subscription. Gogo, it is alleged, obtained no signature or affirmative authorization to charge plaintiffs for recurring fees if they failed to cancel the service by phone. For more than a month from the date of original sign-up, Gogo continued to bill each of plaintiffs’ credit cards monthly.
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