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OLSON v. THE BON, INC.

No. 24343-5-III.

183 P.3d 359 (2008)

Elizabeth A. OLSON, individually and on behalf of others similarly situated; Kenneth L. Peterson, individually and on behalf of others similarly situated; and Jeannette C. Colyear, individually and on behalf of others similarly situated, Respondents, v. THE BON, INC., an Ohio corporation; Facs Group, Inc., an Ohio corporation; John Does A-S, Defendants, Trilegiant Corporation, a Delaware corporation, Appellant.

Court of Appeals of Washington, Division 3.

May 20, 2008.

Attorney(s) appearing for the Case

Kent Michael Fandel, Graham & Dunn PC, Seattle, WA, Kenneth Kliebard, Todd McLawhorn, Kenneth Kliebard Howrey, LLP, Chicago, IL, for Appellant.

Darrell W. Scott, The Scott Law Group PS, Bryce James Wilcox, Attorney at Law, Spokane, WA, for Respondents.

KULIK, J.

¶ 1 Plaintiffs, Elizabeth Olson and others, were credit card customers with The Bon Marche department store (The Bon). The Bon offered its credit card customers the option to enroll in a credit protection program offered by Trilegiant Corporation (Trilegiant). The offer included a three-month free trial membership and cash back benefits which could be accepted by endorsing and negotiating a "check" for $2.50. Clerk's Papers (CP) at 12. Once the check...

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