June 25, 2015
  • Rakuten, Inc.

Notice concerning the judgement in a lawsuit
against a subsidiary

Rakuten, Inc. has confirmed a judgement has been issued in a class action lawsuit against its consolidated subsidiary Buy.com Inc. (currently, RAKUTEN COMMERCE LLC) (U.S.).  

 

1.Court and date of judgement

(i) Court:  United States Court of Appeals for the Ninth Circuit

(ii) Date:  June 23, 2015 (PST)

 

2.Case history

Plaintiff, Michael Ambers, filed a class action lawsuit on behalf of Buy.com customers who made credit card purchases and were required to provide a telephone number on the Buy.com website at the United States District Court, Central District of California – Southern Division, on February 5, 2013.  The plaintiff claims collecting a phone number in a customer credit card transaction violates the Song-Beverly Credit Card Act. On April 30, 2013, the court granted the motion to dismiss by Buy.com. On October 25, 2013, Michael Ambers filed an appeal with the United States Court of Appeals for the Ninth Circuit, seeking for the reversal of the court order of the first instance that had dismissed his complaint.

 

3.The content of the judgement

The court affirmed that the Song-Beverly Credit Card Act does not apply to the plaintiff’s online purchases and concluded that the district court properly granted the motion to dismiss the plaintiff’s complaint.

 

4.Overview of the subsidiary

(1)  Company name: RAKUTEN COMMERCE LLC

(2)  Address: Aliso Viejo, California, U.S.A.

(3)  Representative: Fumio Kobayashi, President

(4)  Business: E-Commerce businesses in the U.S.

(5)  Issued capital: USD 11 million

 

5.Forecasts

We do not expect this judgement will affect the earnings of the Rakuten Group.

 

Notes

1)     This English translation is provided for information purposes only. If any discrepancy arises between this translation and the Japanese original, the Japanese original shall prevail.

2)    This notice includes forward-looking statements relating to our future plans, targets, objectives, expectations and intentions. The forward-looking statements reflect management’s current assumptions and expectations of future events, and accordingly, they are inherently susceptible to uncertainties and changes in circumstances, and are not guarantees of future performance. Actual results may differ materially, for a wide range of possible reasons, including general industry and market conditions and general international economic conditions. In light of the many risks and uncertainties, you are advised not to put undue reliance on these statements. The management targets included in this notice are not projections, and do not represent management’s current estimates of future performance. Rather, they represent targets that management strives to achieve through the successful implementation of the Company’s business strategies. The Company may be unsuccessful in implementing its business strategies, and management may fail to achieve its targets. The Company is under no obligation – and expressly disclaims any such obligation – to update or alter its forward-looking statements. Names of companies, products, and services and such that appear in this material are trademarks or registered marks of their respective companies.

 

*Please note that the information contained in press releases is current as of the date of release.

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