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 law clauses and class action waivers in online travel contracts.