Priceline.com / legal proceedings against priceline (consumer based and other)
I would advise all consumers to look at Priceline.com's current legal proceedings info per their 10K, annual report filing with the SEC for fiscal year ended Dec 31, 2009 BEFORE booking with this service. They have approximately 17 pages of legal proceedings, with 2 consumer class action lawsuits in the past (see page 47 for consumer class action lawsuits).
Consumer Class Actions: (per Priceline's 10K SEC filing, for fiscal year ended on Dec 31, 2009)
Here is text directly from that Priceline 10K filing:
"Two purported class actions brought by consumers were pending against us":
"Marshall, et al. v. priceline.com, Inc.: On February 17, 2005, a putative class action complaint was filed in the Superior Court of the State of Delaware for New Castle County by Jeanne Marshall and three other individuals on behalf of themselves and a putative class of allegedly similarly situated consumers nationwide against us. The complaint alleged that we violated the Delaware Consumer Fraud Act, Del. Code Ann. Tit. 6, § 2511, et seq., relating to our disclosures and charges to customers to cover taxes under city hotel occupancy tax ordinances nationwide, and service fees. We moved to dismiss the complaint on April 21, 2005. On June 10, 2005, plaintiffs filed an amended complaint that asserts claims under the Delaware Consumer Fraud Act and for breach of contract and the implied duty of good faith and fair dealing. On October 31, 2006, the court granted in part and denied in part our motion to dismiss. The court dismissed all claims arising under the Delaware Consumer Fraud Act. The court also dismissed all claims for breach of contract and the implied duty of good faith and fair dealing that relate to our charges for service fees. The court denied our motion to dismiss the breach of contract and implied duty of good faith and fair dealing claims as they relate to our charges to consumers to cover taxes under city hotel occupancy tax ordinances. On February 1, 2008, two of the four plaintiffs voluntarily dismissed their claims against us. On February 29, 2008, the remaining plaintiffs moved for leave to amend their complaint to assert additional claims for breach of contract and the implied duty of good faith and fair dealing alleging that we included a hidden fee within the room rate charge. On August 28, 2008, the court granted plaintiffs’ motion for leave to amend. The plaintiffs filed their second amended complaint on September 12, 2008, and we answered that complaint on September 26, 2008. The parties’ summary judgment motions have been submitted and a hearing was held in January 2009; we are awaiting the court’s ruling."
"Chiste, et al. v. priceline.com Inc., et al.: On December 11, 2008, a putative class action was filed by plaintiff Matthew R. Chiste and two other individuals on behalf of themselves and a putative class of allegedly similarly situated consumers nationwide against us, Lowestfare.com, Inc. and Travelweb, LLC. The complaint alleges the defendants overcharge consumers by collecting Hotel Occupancy and sales taxes over and above that necessary to pay the actual taxes on the hotel room reserved by the customer. The complaint asserts claims for deceptive business practices, declaratory and injunctive relief, conversion, breach of fiduciary duty, and breach of contract. Defendants moved to dismiss the complaint on March 6, 2009. Briefing was completed on July 3, 2009. The parties are awaiting the court’s decision."
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