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HOFFMAN v. ASSEENONTV.COM, INC.

No. A-1840-07T1

962 A.2d 532 (2009)

404 N.J. Super. 415

Harold M. HOFFMAN, individually and in behalf of the class of purchasers of product marketed on the websites Asseenontv.com and Seenontv.com, Plaintiff-Appellant/Cross-Respondent, v. ASSEENONTV.COM, INC., Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 2009.

Attorney(s) appearing for the Case

Harold M. Hoffman, Roseland, appellant/cross-respondent, argued the cause pro se.

Erika N.D. Stanat (Harter Secrest & Emery) of the New York Bar, admitted pro hac vice, argued the cause for respondent/cross-appellant (Cole, Schotz, Meisel, Forman & Leonard, attorneys; Edward Sun Kiel and Ms. Stanat, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SIMONELLI.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

Plaintiff Harold Hoffman, an attorney, ordered a product on the internet from defendant-retailer AsSeenOnTV.com. His order prompted his taking advantage of defendant's advertised "free bonus" offer. To pay for the order, plaintiff proffered his American Express credit card, following which defendant confirmed the order on-line, and American Express "approved" the charge. As part of the confirmation...

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