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Contracts Keyed to Blum
Schnabel v Trilegiant Corporation
Citation:697 F.3d 110 (2nd Cir. 2012)
Plaintiffs enrolled in Defendant’s online program called “Great Fun” that offers goods and services at a discount. Plaintiffs clicked on the “cash back” button on merchants’ websites after buying goods from those merchants. Plaintiffs allegedly thought they were getting a discount on the current purchase and did not realize they were enrolling in a discount program that required a monthly fee. Plaintiffs allegedly did not know that the discount program was operated by a party other than the merchant they bought the goods from.
Plaintiffs had no idea of Defendant’s standard terms because they did not click on any links that would have revealed the terms to them. Plaintiffs also claimed not to have received or read the email from Defendant. Also, Plaintiffs did not pay attention to their credit card bills because it took them a while to realize they were paying a $14.99 monthly membership. After discovering they had been paying the monthly memberships, Plaintiffs filed suit.
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