Juno 2012 Annual Report Download - page 168

Table of Contents
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injunctive relief, attorneys' fees, costs of suit, and pre- and post-judgment interest on any amounts awarded.
In March 2012, Debra Miller and William Thompson filed a purported class action complaint (the "Miller Class Action") in United States District
Court, District of Connecticut, against the following defendants: (i) Trilegiant, Affinion, Apollo, Vertrue, Inc., Webloyalty.com, Inc., and Adaptive
Marketing, LLC (collectively, the "Membership Companies"); (ii) 1-800-Flowers.com, Inc., Beckett Media LLC, Buy.com, Inc., Classmates
International, Inc., Days Inn Worldwide, Inc., FTD Group, Inc., IAC/Interactivecorp, Inc., Memory Lane, Inc., Peoplefinderspro, Inc., Rakuten
USA, Inc., Shoebuy.com, Inc., United Online, Inc., Wells Fargo & Company, and Wyndham Worldwide Corporation (collectively, the "Marketing
Companies"); and (iii) Bank of America, N.A., Capital One Financial Corporation, Chase Bank USA, N.A., and Citibank, N.A. (collectively, the
"Credit Card Companies"). The complaint alleges (1) violations of the Racketeer Influenced Corrupt Organizations Act by all defendants, and aiding
and abetting violations of such act by the Credit Card Companies; (2) aiding and abetting violations of federal mail fraud, wire fraud and bank fraud
statutes by the Credit Card Companies; (3) violations of the Electronic Communications Privacy Act by the Membership Companies and the Marketing
Companies, and aiding and abetting violations of such act by the Credit Card Companies; (4) violations of the Connecticut Unfair Trade Practices Act
by the Membership Companies and the Marketing Companies, and aiding and abetting violations of such act by the Credit Card Companies;
(5) violation of California Business and Professions Code section 17602 by the Membership Companies and the Marketing Companies; and (6) unjust
enrichment by all defendants. The plaintiffs seek class certification, restitution and disgorgement of all amounts wrongfully charged to and received
from plaintiffs, damages, treble damages, punitive damages, preliminary and permanent injunctive relief, attorneys' fees, costs of suit, and pre- and post-
judgment interest on any amounts awarded.
In April 2012, the Kelm Class Action and the Miller Class Action were consolidated with a related case under the case caption In re Trilegiant
Corporation, Inc. In September 2012, the plaintiffs filed their consolidated amended complaint and named five additional defendants. The defendants
have filed motions to dismiss the consolidated amended complaint. Plaintiffs' responses to the motions to dismiss were due on February 7, 2013 and the
reply briefs are due on March 7, 2013.
In addition, in December 2012, David Frank filed a purported class action complaint (the "Frank Class Action") in United States District Court,
District of Connecticut, against the following defendants: Trilegiant, Affinion, Apollo (collectively, the "Frank Membership Companies"); 1-800-
Flowers.com, Inc., Beckett Media LLC, Buy.com, Inc., Classmates International, Inc., Days Inn Worldwide, Inc., FTD Group, Inc., Hotwire, Inc.,
IAC/Interactivecorp, Inc., Memory Lane, Inc., Orbitz Worldwide, LLC, PeopleFindersPro, Inc., Priceline.com, Inc., Shoebuy.com, Inc.,
TigerDirect, Inc., United Online, Inc., and Wyndham Worldwide Corporation (collectively, the "Frank Marketing Companies"); Bank of America,
N.A., Capital One Financial Corporation, Chase Bank USA, N.A., Chase Paymentech Solutions, LLC, Citibank, N.A., Citigroup, Inc., and Wells
Fargo Bank, N.A. (collectively, the "Frank Credit Card Companies"). The complaint alleges (1) violations of the Racketeer Influenced Corrupt
Organizations Act (RICO) by all defendants; (2) aiding and abetting violations of RICO by the Frank Credit Card Companies; (3) aiding and abetting
commissions of mail fraud, wire fraud and bank fraud by the Frank Credit Card Companies; (4) violation of the Electronic Communications Privacy
Act by the Frank Membership Companies and the Frank Marketing Companies, and aiding and abetting violations of such act by the Frank Credit Card
Companies;
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