Steven J. Pincus v. American Traffic Solutions, Inc.

Summary

The court held that Pincus's unjust enrichment claim fails because ATS provided adequate value in exchange for the convenience fee charged for credit-card payment. The ability to pay electronically supplied benefits including avoiding postage, check or money-order costs, payment delays, and payment risk, making ATS's retention of the fee not inequitable even if a statute prohibited the fee. The court answered the determinative certified question affirmatively, declined to answer the remaining questions, and remanded the case to the certifying court.