Duhaime's Law Dictionary


Cramming Definition:

The practice of imposing unauthorized charges on consumer credit card and other billing statements

In Spivey, Justice Reagan started his reasons with this, before defining cramming:

"Caveat emptor, let the buyer beware, has been part of the English language since 1523, when it was used in connection with the sale of a horse, which might have been ridden upon and be tame or might be wylde. If wylde, it was not the merchant who had to beware, but caveat emptor be ware thou byer. This wisdom, a part of our lexicon for nearly 500 years, would have stood Quinten Spivey in good stead when he placed a call to a telemarketer to purchase an Atkins diet product. From that small beginning springs the putative class action lawsuit now under consideration by the Court....

"Cramming is the practice of imposing unauthorized charges on consumer credit card and other billing statements....

"Cramming is the shady practice of putting bogus charges on a person's bill (usually a monthly credit card statement) in the hope that the consumer will pay the inflated balance without noticing that he has been duped."

REFERENCES:

  • Lakin Law Firm v. F.T.C., 352 F.3d 1122, (2003)
  • Spivey v. Adaptive Marketing, 660 F. Supp. 2d 940( United States District Court, Illinois, 2009)

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