Patrick Berry v. Webloyalty.com Inc., a Delaware corp.; Movietickets.com Inc., a Delaware corp.; Does 1 through 5 inclusive
Published: Jun. 4, 2011 | Result Date: Apr. 11, 2011 | Filing Date: Jan. 1, 1900 |Case number: 10-CV-1358-H (CAB) Bench Decision – Dismissal
Court
USDC Southern District of California
Attorneys
Plaintiff
James R. Patterson
(Patterson Law Group APC)
Alisa A. Martin
(AMartin Law PC)
Defendant
Facts
Patrick Berry sued Webloyalty.com and Movietickets.com after he signed up for an offer to receive $10 off his next purchase for providing his email address. He was subsequently charged with a $412 monthly fee as a member of the Webloyalty program. Berry argued that Webloyalty misrepresented that he could receive a coupon and not enroll in a savings club. Webloyalty, however, claimed that Berry failed to read the "explicit and repeated" disclosures made in the information provided in the pop-up window before Berry provided his email address. In addition to this disclosure, the enrollment page had five other disclosures regarding the monthly charge and other terms and conditions.
Result
U.S. District Court Judge Marilyn L. Huff agreed with defendants and dismissed the suit after finding that defendants had made "explicit and repeated disclosures" in their enrollment page that would put the consumer, like Berry, on notice of the terms and conditions of club membership.
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