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This week we take a look at a potentially deceptive and misleading billing practice which may be used by retailers generally, and by travel sellers in particular. This week we take a look at a potentially deceptive and misleading billing practice which may be used by retailers generally, and by travel sellers in particular. This practice is known variously as “opt-out sales practices” or billing charges made “on an automatically-renewing continuing monthly basis without adequate notice or consent”. Judicial scrutiny of this annoying sales practice has arisen within the context of the sale of travel insurance [see Matter of Frankel v. Citicorp Insurance Services, 80 A.D. 3d 280 (N.Y.A.D. 2010)] and in-flight Wi-Fi services [see Berkson v. Gogo LLC., 2015 WL 1600755 (E.D.N.Y. 2015)]. In addition to the propriety of opt-out sales practices in the travel industry, these cases also raise issues regarding the enforceability of mandatory arbitration, forum selection and choice of l

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