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LEE v. INTELIUS INC.

No. 11-35810.

737 F.3d 1254 (2013)

Donovan LEE, individually and on behalf of all others similarly situated; Bruce Keithly, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. INTELIUS INC., a Delaware corporation; Intelius Sales LLC, Defendants-Third-Party-Plaintiffs-Appellees, v. Adaptive Marketing LLC, a Delaware Limited Liability Company, Third-Party-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2013.

Attorney(s) appearing for the Case

Thomas L. Boeder and Cori Gordon Moore , Perkins Coie LLP, Seattle, WA; Darrel J. Hieber (argued), Jennifer Elaine LaGrange , Kevin James Minnick , and Jason D. Russell, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for Third-Party-Defendant-Appellant.

Whitney R. Case , Andrew Neil Friedman , and Victoria S. Nugent , Cohen Milstein Sellers & Toll, PLLC, Washington, D.C.; Mark Adam Griffin , David J. Ko , Karin B. Swope , and Harry Williams , Keller Rohrback LLP, Seattle, WA; F. Paul Bland (argued), Public Justice, P.C., Washington, D.C., for Plaintiffs-Appellees.

Tyler Lawrence Farmer , Calfo Harrigan Leyh & Eakes, LLP, Seattle, WA; Arthur W. Harrigan, Jr. , Christopher T. Wion , Danielson Harrigan Leyh & Tollefson, LLP, Seattle, WA, for Defendant-Third-Party-Plaintiffs-Appellees.

Before: DAVID M. EBEL, WILLIAM A. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

In June 2008, Plaintiff Donovan Lee purchased on the Internet a background check and report from Intelius. After Lee gave his credit card number and clicked to confirm his purchase, he was directed to a new webpage. Intelius was the only company name that appeared on that page. Lee clicked on a large orange button with the words "YES And show my report." Small print on the page indicated that he had thereby ostensibly...

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