Sanford v. MemberWorks, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether consumers can pursue claims against a company that allegedly deceived them into buying memberships in a discount club.
I
A
In response to a television advertisement, Patricia Sanford purchased Tae-Bo fitness tapes over the phone in February 1999. West Corporation (“West”) operated the call center that received Sanford’s call. Pursuant to West’s joint marketing agreements with MemberWorks, Inc. (“MWI”), 1 a West operator read Sanford the following sales script in an effort to “up-sell” a membership in the “Member-Works Essentials” program:
Mr…
2Cases cited32 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Alexander v. SandovalSupreme Court of the United States · 2001
- United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Kearns v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 2009
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- Milwaukee Police Ass'n v. Board of Fire & Police CommissionersCourt of Appeals for the Seventh Circuit · 2013
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