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Napoli Shkolnik PLLC Client Survives Motion to Dismiss in Class Action Against Yahoo! Inc. for Failing to Provide Ad-Free Email
By: Marketwired .
May. 19, 2017 04:24 PM
NEW YORK, NY--(Marketwired - May 19, 2017) - Plaintiff Thomas Curtis subscribed to Yahoo's ad-free email service. Though Yahoo promised ad-free email, it failed to deliver. From September 2015 until July 2016, Curtis saw ads in the right-hand panel of his account. The problem came to a head in July 2016, when his inbox was also flooded with ads.
Believing that other subscribers had similar experiences, Curtis filed a class action in the Superior Court of California, Santa Clara County, on behalf of all users of Yahoo's ad-free email service. He asserted causes of action under California's Unfair Competition and False Advertising Laws. He also brought a claim for breach of contract based on Yahoo's Terms of Service.
On May 18, 2017, in a well-reasoned decision, Judge Brian Walsh held that those claims survived Yahoo's motion to dismiss. Curtis will now move full speed ahead into discovery, continuing to press his claims on behalf of the putative class.
If you subscribe to Yahoo's ad-free email service and have experienced a similar problem, we encourage you to call us at (212) 397-1000.
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