Class Action Lawsuit Against Trilegiant Corporation and Affinion, Inc.
Summary of the Pending Case: On June 17, 2010, SFMS, along with co-counsel, filed a class action complaint (“Complaint”) against Trilegiant Corporation (“Trilegiant”) and Affinion, Inc. (“Affinion”) (collectively, "Defendants") in the United States District Court for the District of Connecticut, Civil Action No. 3:10-CV-00957. The Complaint alleges that Trilegiant and Affinion place consumers into one or more of their membership programs and then charge consumers’ credit card, debit card, or other accounts with unauthorized membership fees. As a result of this alleged unauthorized enrollment practice, consumers are billed for services they do not want and do not understand that they have purchased. Plaintiffs assert claims for violation of the federal Racketeer Influenced and Corrupt Organizations Act, the Electronic Communications Privacy Act, violation of California Business and Professions Code Section 17200, the Consumer Legal Remedies Act and violation of the Connecticut Unfair Trade Practices Act. Through this action, Plaintiffs seek, among other things, statutory damages, restitution, injunctive and declaratory relief. The action is pending before the Honorable Janet C. Hall.
Status of Pending Case: On September 29, 2010, Defendants filed a Motion to Dismiss Plaintiffs' Complaint. Plaintiffs filed an opposition to Defendants' motion on October 19, 2010.
On February 24, 2011, the Court denied Trilegiant's Motion to Dismiss or Stay and Compel Arbitration. The Court held that Plaintiffs did not enter into an arbitration agreement with Defendants and that the parties should proceed with discovery. Defendants have appealed this decision.
On April 19, 2011, Defendants answered Plaintiffs' Complaint. Discovery is ongoing in this matter.
On February 13, 2012, Plaintiffs filed their motion for class certification.
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This page was last updated: 2012-04-02 15:14:04