SPIVEY v. VERTRUE, INC.

No. 08-8009.

528 F.3d 982 (2008)

Quinten SPIVEY, individually and on behalf of a class, Plaintiff-Respondent, v. VERTRUE, INCORPORATED, Defendant-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 2008.


Attorney(s) appearing for the Case

Nader R. Boulos, Kirkland & Ellis, Chicago, IL, Troy A. Bozarth, Hepler, Broom, Macdonald, Hebrank, True & Noce, LLC, Edwardsville, IL, for Defendant-Petitioner.

Bradley M. Lakin, Wood River, IL, for Plaintiff-Respondent.

Before EASTERBROOK, Chief Judge, and ROVNER and EVANS, Circuit Judges.


EASTERBROOK, Chief Judge.

Quinten Spivey filed suit in state court, seeking to represent a class of persons who do business with Vertrue, a marketer that offers discounts to customers who use its services. Spivey maintains that Vertrue "systematically" submits unauthorized charges. Spivey proposed to represent a class of persons whose credit cards had been charged without authorization through 22 of Vertrue's programs.

Vertrue removed the proceeding to federal...

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