Federal Court Finds Internet Seller's Disclosures and Mechanism for Affirmative Acceptance Not Deceptive Per Se under California's UCL, FAL, and CLRA
I can't say much about it because I am involved in the case, but Judge Andrew J. Guilford just issued an interesting opinion dismissing claims under California's Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. See Baxter v. Intellius, Case No. SACV-09-1031 AG (MLGx), Slip op. (C.D. Cal. Sept. 16, 2010). In Baxter, the plaintiffs had signed up for membership discount programs in response to Internet offers that were made after they already had bought a product on the Internet. The court analyzed the disclosures that accompanied the offer, as well as the methods for confirming registration in the membership programs, and held that they were not deceptive as a matter of law. It also held that plaintiffs had failed to allege actual reliance, as required by Proposition 64.
