Supreme Court of Texas

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BMG Direct Mktg. v. Peake, 03-0547

Class of music club members who paid defendant allegedly illegal late fees for failing to timely pay for products in accordance with the terms of a membership agreement is decertified where trial court erred in finding that the voluntary-payment rule did not apply to plaintiffs' claims for restitution.

Appellate Information

  • Argued 02/18/2004
  • Decided 11/18/2005
  • Published 11/18/2005


  • Justice O'NEILL delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice BRISTER, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.


  • Supreme Court of Texas


  • For Appellant:
  • Lynne Liberato, Patricia L. Casey, Alene Ross Levy, Mark Ryan Trachtenberg, Haynes and Boone, L.L.P., Houston, Steven M. Hayes, and Gregory A. Clarick, Parcher Hayes & Snyder, P.C., New York, NY, for Petitioner.

  • For Appellees:
  • Christopher A. Kesler, and Bruce B. Kemp, Kemp & Kesler, L.L.P., Houston, Timothy W. Ferguson, Ferguson Firm, Beaumont, for Respondent.
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