Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PATTERSON v. NORTH SHORE AGENCY

September 14, 2000

GEORGE PATTERSON, PLAINTIFF,
V.
NORTH SHORE AGENCY, INC.; AND COLUMBIA HOUSE MUSIC CLUB, A PARTNERSHIP, DEFENDANTS. BRUNITA (MIKKI) BANKS, PLAINTIFF, V. NORTH SHORE AGENCY, INC.; AND JOHN DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Moran, Senior District Judge.

MEMORANDUM OPINION AND ORDER

The Patterson case began with two different issues. Those were determined adversely to plaintiff in a different case, and that ruling was affirmed in January of this year. Plaintiff thereafter filed an amended complaint, and defendants moved to dismiss. In the meantime, the Banks case had been filed. Since it raised the same issue, the case was transferred to this court as related on April 6, 2000.*fn1 We now grant the motions to dismiss in both cases.

In Patterson, Columbia House Video Club operates a video club. A consumer signing up for the club receives seven video movies for seven cents, plus shipping and handling. He also agrees to purchase five more video movies over a three-year period at $19.95 to $29.95 per movie, plus shipping and handling. The material furnished to the consumer further provides as follows:

What If I Don't Fulfill My Part of the Agreement?

That is, if you:

• Cancel your membership before buying the number of selections agreed upon, or
• Fail to make your purchase within the specified length of time, or

• Are late paying a bill.

First, we'll send you a reminder, and hopefully the matter will be cleared up quickly.
If you still don't meet the terms of your agreement, we'll bill you for an amount called "Due on Contract." This represents the total cost of the selections you haven't yet bought. We calculate this charge by multiplying the number of unpurchased selections by our commitment Club price of $19.95. We also add shipping and handling and any applicable tax. Once you've paid this charge, you may order and receive the number of selections you've paid for.

In Banks, the product is books but the system is the same. The consumer receives several books at a very low cost and obligates herself to purchase several additional books at stated prices. That agreement provides as follows:

Your Membership Agreement

• When you joined the club, you agreed to purchase a given number of books at regular club prices to satisfy your membership agreement. Please note that clearance and non-book (merchandise and audio) purchases do not count toward your membership agreement.
• If you[sic] book purchase obligation is not fulfilled within your agreed-to time period, you ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.