McNair v. Synapse Grp., Inc, No. 11-1743 (3d Cir. 2012)
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Synapse provides customers with promotional rate or free magazine subscriptions, obtains their credit card information, and, when the promotion expires, provides notice, then bills a subscription to the credit card, if the customer does not cancel. Former customers claimed that the automatic renewal notices amounted to a deceptive business practice. The district court denied certification of a Rule 23(b)(2) injunctive relief class. The Third Circuit affirmed. None of the plaintiffs are current Synapse customers, so they lack standing to seek the remedy they are pursuing on behalf of the class.
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