U.S. Court of Appeals for the Third Circuit at James A. Byrne U.S. Courthouse. Photo: Beyond My Ken via Wikimedia Commons. Consumer in 'Free Sample' Case Has Standing Despite Refusing Refund, Circuit Holds
The court said,"[a]s every first-year law student learns, the recipient's rejection of an offer 'leaves the matter as if no offer had ever been made,'" citing the SCOTUS decision in Campbell-Ewald Co. v. Gomez.
July 20, 2022 at 03:20 PM
5 minute read
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit found that the plaintiff's rejection of an offer of refund does not mean she lacked standing, quoting the U.S. Supreme Court in writing, "[a]s every first-year law student learns, the recipient's rejection of an offer 'leaves the matter as if no offer had ever been made.'"
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