Legal Opinion

Sanford v. MemberWorks, Inc.

Court of Appeals for the Ninth Circuit

Decided October 25, 2010No. 18-15662PublishedCited by 411 opinions

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

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Alexander v. SandovalSupreme Court of the United States · 2001
  3. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  4. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  5. Kearns v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 2009

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3Cited by411 opinions

  1. Oliver v. Ralphs Grocery Co.Court of Appeals for the Ninth Circuit · 2011
  2. Catherine Evon v. Law Offices of Sidney MickellCourt of Appeals for the Ninth Circuit · 2012
  3. The Depot, Inc. v. Caring for Montanans, Inc.Court of Appeals for the Ninth Circuit · 2019
  4. United States v. Steve McIntoshCourt of Appeals for the Ninth Circuit · 2016
  5. Milwaukee Police Ass'n v. Board of Fire & Police CommissionersCourt of Appeals for the Seventh Circuit · 2013

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