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SANFORD v. MEMBERWORKS, INC.

No. 09-55502.

625 F.3d 550 (2010)

Patricia SANFORD, on behalf of herself and all others similarly situated, Plaintiff-Appellant, Preston Smith; Rita Smith, on behalf of themselves and all others similarly situated, Plaintiff-intervenors-Appellants, v. MEMBERWORKS, INC., a Delaware corporation, AKA MWI Essentials, AKA MWI Home and Garden, AKA MWI Connections, AKA MWI Valuemax; West Corporation, a Delaware corporation; West Telemarketing Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2010.

Attorney(s) appearing for the Case

Eric A. Isaacson , Robbins, Geller, Rudman & Dowd LLP, San Diego, CA, argued the cause for the plaintiffs-appellants and filed briefs. Patrick J. Coughlin , Frank J. Janacek , Christopher Collins , and Amanda M. Frame , Robbins, Geller, Rudman & Dowd LLP, San Diego, CA; Jack Landskroner , Landskroner Grieco Madden, LLC, Cleveland, OH; and Artie Baran , Law Offices of Artie Baran APC, San Diego, CA, were also on the briefs.

Darrel J. Hieber , Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, argued the cause for the defendants-appellees and filed a brief. Robert J. Herrington and Jennifer E. LaGrange , Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and FREDERIC BLOCK, Senior District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether consumers can pursue claims against a company that allegedly deceived them into buying memberships in a discount club.

I

A

In response to a television advertisement, Patricia Sanford purchased Tae-Bo fitness tapes over the phone in February 1999. West Corporation ("West") operated the call center that received Sanford's call. Pursuant to West's joint marketing agreements...

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