No. 06 Civ 783(DC).

478 F.Supp.2d 523 (2007)

Christina LABAJO, individually and on behalf of all other parties similarly situated, Plaintiff, v. BEST BUY STORES, L.P., Time Inc., and Does 1 through 50, Defendants.

United States District Court, S.D. New York.

March 15, 2007.

Attorney(s) appearing for the Case

Squitieri & Fearon, LLP, New York City by Stephen J. Fearon, Jr., Philip P. Foote, Keller • Fishback LLP, New York City by Daniel Keller, for Plaintiff Christina Labajo.

Manatt, Phelps & Phillips, LLP, New York City by Gregory A. Clarick, Jonathan Melber, for Defendant Time Inc.

Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN by Anne M. Lockner, Bradley M. Orschel, for Defendant Best Buy Stores, L.P.


CHIN, District Judge.

On October 29, 2004, plaintiff Christina Labajo purchased a DVD, a soft drink, and candy at a Best Buy store in Chino Hills, California. When the sales clerk saw Labajo taking out a debit card to pay for the purchases, the clerk told Labajo she was eligible for a free subscription to Sports Illustrated. Labajo accepted the offer. Eventually, however, after she received eight free issues of the magazine...

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