Fine v. America Online, Inc.

Whitmore, Judge.

Michael Fine, Rodney Long, and Dan Rambo, for themselves and as the representatives of a certified plaintiff class, have appealed from a judgment of the Lorain County Court of Common Pleas granting summary judgment in favor of America Online, Inc. This court affirms.

I

Prior to December 1, 1996, America Online, Inc. (“AOL”), an Internet service provider, offered access on a “metered basis,” e.g., $9.95 per month for five hours, with each additional hour billed at $2.95. However, on December 1, 1996, AOL launched a national marketing campaign under which it offered unlimited…