July 1, 2009
A New Jersey Law Journal article reported on a major Kelley Drye victory, discussing U.S. District Court District of New Jersey Judge Jose Linares' opinion denying plaintiffs class certification in the case of McNair v. Synapse.
Kelley Drye represents Synapse Group, Inc., the largest marketer of magazine subscriptions in the country, marketing over 1,000 magazine titles in a lawsuit filed by five named plaintiffs. The plaintiffs claimed that the automatic renewal authorization (that followed a 90-day free subscription period) was overly confusing.
The judge found that Synapse's marketing practices did not represent a common deceptive scheme so class certification of the plaintiffs would be inappropriate. The judge noted that the plaintiffs did not indicate why the company's alleged conduct was likely to affect each class member the same way.