Facts

Adam Berkson and Kerry Welsh filed a class action against Gogo LLC and Gogo Inc., concerning purchases of Wi-Fi connections on air flights.

PLAINTIFFS' CONTENTIONS:
Defendants allegedly dominated the market on providing Wi-Fi access on domestic flights. Defendants allegedly offered daily or monthly access. Defendants allegedly failed to disclose to potential customers registered for a monthly service about a recurring monthly charge. Defendants allegedly never obtained authorization to charge customers monthly recurring fees if they failed to cancel their service by telephone.

Plaintiffs alleged cause of action for violation of New York General Business Law Section 349, violation of California's Consumers Legal Remedies Act, violation of California's Unfair Competition Law, false advertising in violation of California's False Advertising Law, breach of the implied covenant of good faith and fair dealing, violation of various consumer protection acts, and restitution/unjust enrichment.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the action, arguing, among other things, improper venue and failure to state a claim for relief.

Result

Gogo agreed to settle the dispute. As part of the agreement, Gogo agreed to provide eligible class members one-, four-, or six-day passes plus a one-hour pass.

Other Information

FILING DATE: Feb. 25, 2014.