United States Seventh Circuit

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Spivey v. Adaptive Mktg. LLC., 09-3619

In plaintiff's suit for breach of contract and unjust enrichment in connection with his purchase of an Atkins diet product, a grant of defendant's motion for summary judgment is affirmed as the voluntary payment doctrine applies in this case and precludes plaintiff from recovering the payments to defendant as, in the five years during which the charges appeared on plaintiff's credit card bills, he made no effort to discover the nature of the charge to his credit card and paid it in silence.

Appellate Information

  • Argued 05/18/2010
  • Decided 09/20/2010
  • Published 09/20/2010




  • United States Seventh Circuit