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Consumer Law Keyed to Pridgen, 5th Ed.
Dwyer v. American Express Co.
Citation:
652 N.E.2d 1351, 273 Ill. App. 3D 742 (1995)Facts
American Express categorized its cardholders into six tiers based on spending habits, such as “Rodeo Drive Chic” or “Value Oriented,” by analyzing where cardholders shop and how much they spend. The company then rented these categorized lists to participating merchants as part of targeted joint-marketing programs. Merchants could request lists targeting specific consumer categories including mail-order apparel buyers, home-improvement shoppers, luxury lodgers, cardholders with children, skiers, frequent business travelers, or owners of luxury European cars. American Express also offered joint-marketing ventures where they would mail merchant promotions to cardholders and share resulting profits. This practice became public when the New York Attorney General released a press statement in May 1992 describing an agreement with American Express. Cardholders Dwyer and Rojas filed separate class actions alleging invasion of privacy and violations of the Illinois Consumer Fraud Act, which were later consolidated.
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