2nd Circ. Keeps Discount Club Fee Suit Out Of Arbitration

Law360, New York (September 7, 2012, 8:02 PM EDT) -- The Second Circuit on Friday affirmed that a putative class of discount club customers don't have to turn to an arbitrator with their claims the club hit them with fraudulent membership fees, ruling an email sent after sign-up didn't give customers enough notification of an arbitration clause.

A three-judge panel of the Second Circuit said the emails Affinion Group Inc. subsidiary Trilegiant Corp. Inc. sent to customers of its Great Fun discount club, notifying them of an arbitration clause, came too long after their enrollment....
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