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WIKE v. VERTRUE, INC.

No. 08-5905.

566 F.3d 590 (2009)

Margaret WIKE, Plaintiff-Appellant, v. VERTRUE, INC., Adaptive Marketing, LLC, and Influent, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Daniel C. Girard, Girard Gibbs, San Francisco, California, for Appellant. Robert Allen Horowitz, Greenberg Traurig, New York, New York, for Appellees. ON BRIEF: Daniel C. Girard, Girard Gibbs, San Francisco, California, Gerald E. Martin, Barrett, Johnston & Parsley, Nashville, Tennessee, for Appellant. Robert Allen Horowitz, Toby Sue Soli, Greenberg Traurig, New York, New York, and Robert S. Patterson, Bradley, Arant, Boult & Cummings, Nashville, Tennessee, for Appellees Vertrue, Inc and Adaptive Marketing, LLC. Jay A. Yurkiw, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellee Influent, Inc.

Before: SUHRHEINRICH, BATCHELDER and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Margaret Wike filed this lawsuit against Vertrue and its subsidiary, Adaptive Marketing (collectively, "Vertrue"), claiming that Vertrue violated federal law by enrolling her in a discount club and charging a monthly fee to her debit card. The district court granted summary judgment to Vertrue on Wike's claim under the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693 et seq., and it denied her leave to amend...

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