458+Dwyer+v+American+Express - Dwyer v American Express Co...

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Dwyer v. American Express Co. The Facts: The plaintiffs (American Express cardholders) are appealing the circuit courts dismissal of their claims of invasion of privacy and consumer fraud against the defendants (American Express Company). American Express categorizes and ranks its cardholders based on spending habits and then rent this information to merchants as part of a joint-marketing program. American Express analyzes where cardholders shop and how much they spend, as well as, looking at behavioral characteristics and spending histories. Using this info defendants create a lists (containing only names and addresses) of cardholders most likely to shop at particular stores then rent that list to the merchant. Defendants also create lists that classify cardholders by the specific types of items they buy. (i.e. fine jewelry buyers and mail-order apparel buyers) Finally defendants offer joint-marketing to merchants who generate substantial sales through American Express cards. The defendant mails merchant promotions to card holders and
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