KSF News, Updates, & Insights

KSF Defeats Motion to Dismiss in Part in Amex Antitrust Case

On April 30, 2020, the Hon. Nicholas G. Garaufis, United States District Court Judge for the Eastern District of New York, entered an Order denying, in part, defendants’ motion to dismiss in Oliver, et al. v. American Express Company, et al., No. 1:19-cv-00566-NGG-SMG. This matter, in which Kahn Swick & Foti, LLC is plaintiffs’ counsel, seeks damages, restitution, and injunctive relief against the American Express Company and American Express Travel Related Services Company, Inc. (collectively, “Amex”), on behalf of persons that used an electronic form of payment other than an Amex charge or credit card to purchase goods and services sold by merchants across the country at prices allegedly inflated by Amex’s non-discrimination provisions.  Judge Garaufis ruled that plaintiffs adequately pled violations of 22 state antitrust and/or consumer protection laws and allowed plaintiffs’ case to proceed against Amex for these violations.