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THIRD CIRCUIT AFFIRMS DISMISSAL OF

CLASS ACTION AGAINST BLF CLIENT

June 17, 2013

A. Richard Feldman represented an automobile club in this class action brought by a former AAAMA member who alleged that AAAMA had “backdated” the start date of her renewal membership to the prior year’s expiration date and therefore, she claimed, wrongly deprived her of 16 days’ worth of membership benefits.

BLF responded with a motion to dismiss for lack of standing. Following discovery and a bench trial on this jurisdictional issue, the Court found that the plaintiff lacked standing because (a) she had not demonstrated having any actual need for member services during the 16-day period at issue, and (b) AAAMA, on the other hand, had demonstrated that such services were actually available to her during that time period pursuant to its “grace period” policy of servicing recently lapsed members.

The matter was therefore dismissed with prejudice by the district court, and then affirmed on appeal to the Third Circuit.

Kaymak v. AAA Mid-Atlantic, Inc., Civ. No. 10-6532 (E.D.Pa.).

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A. Richard Feldman