Dwyer v. American Express Co.
Illinois Appellate Court
652 N.E.2d 1351, 273 Ill. App. 3d 742 (1995)
American Express Company (AmEx) (defendant) was a credit-card company. The company would categorize its cardholders into six tiers based on spending habits. AmEx would then rent this information to participating merchants as part of a targeted-marketing program. To characterize cardholders, AmEx analyzed where the cardholders shopped and how much they spent. Patrick Dwyer (plaintiff) was an AmEx cardholder. Dwyer brought a class action suit against AmEx, alleging that AmEx’s practice constituted an unlawful intrusion upon the cardholders’ seclusion. Dwyer also claimed that AmEx had violated the state’s Consumer Fraud Act. The lower court dismissed Dwyer’s claims. Dwyer appealed.
Rule of Law
Holding and Reasoning (Buckley, J.)
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