In a September 27 filing in the Trilegiant RICO action, the plaintiffs explain in more detail why they believe their RICO action should proceed against all of the named defendants, including Beckett Media. Basically, the Plaintiffs allege that Trilegiant colluded with other internet merchants in the lawsuit (like Beckett) to assess unauthorized charges on consumers' credit or debit card accounts. This was accomplished, allegedly, by Trilegiant placing consumers into one (or more) membership programs, without valid authorization from the consumers, and then charging those consumers' credit cards, debit cards, or other accounts with unauthorized "membership fees."
Specifically regarding Beckett, the document states:
Beckett Media LLC operates its business of buying and selling various sports memorabilia through its website, Beckett.com. Complaint, Paragraph 47. Beckett Media LLC entered into partner agreements with Trilegiant, whereby Trilegiant was given access to customers' credit or debit information, in exchange for revenue generated from the fraudulent charges to consumers' credit or debit cards without their consent. Complaint, Paragraph 72. Furthermore, Beckett Media LLC maintained control over the content of Trilegiant's deceptive offers and actively displayed such offers to consumers.
So far, the publicly available docket really only shows interesting and substantive filings from the plaintiffs. However, I expect Beckett and the other defendants will file more detailed responses in the near future.
The information provided in Paul Lesko's "Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, the Simmons Browder Gianaris Angelides & Barnerd LLC or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.
The views expressed in the "Law of Cards" column are solely those of the author and are not affiliated with the Simmons Law Firm. You should not act or rely on any information in the "Law of Cards" column without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.