EFTA Document EFTA01358952

Page 19 889 F.3d 116, *; 2018 U.S. App. LEXIS 11909, ** For example, the complaint alleges that consumers were "duped into believing" that the membership programs were being offered by an e-merchant, rather than Trilegiant, App'x at 282, but identifies no misrepresentation that induced such a belief. Similarly, the complaint labels datapass a "fraudulent tactic," id., and alleges that each time an e- merchant shared a customer's billing information with Trilegiant, both the e-merchant and