Jouett v. Wagnon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that where the alleged injury is identical to the deception itself, a claim under Section 349 is not cognizable
• holding that the statement that the gift card can be utilized \in the same manner ... as Visa and MasterCard debit cards\ was not rendered misleading by the mere fact that that some merchants did not allow the plaintiff to use the remaining values on the gift cards with split transactions
• dismissing a § 349 claim and noting, inter alia, that the cardholder agreement disclosed that some merchants would not allow “split” transactions
• finding no case “in which a court has held that a plaintiff sustained actual damages where a defendant has an unrestricted refund policy that fully compensated the plaintiff”
• “[A]ll of the terms of the gift card ... were fully disclosed to Plaintiff before she engaged in her first transaction.”

Source: CourtListener parenthetical corpus (CC0).