![]() Any use of multiple accounts or computer networks/IP addresses to circumvent such limits, or other fraudulent or abusive action. The court noted that it had read all of the documents 1 According to CouponCabin’s response, its “Terms & Conditions” stated in part: Single use: Certain Special Cash Back Offers or new Cash Back member offers in connection with initial registration are limited to a one-time, single use (1 use) per household or computer network/IP address. The court did not place Christofield or Kluth under oath. 1 On February 17, 2021, the court held a trial, which was held virtually and at which Christofield was present, Scott Kluth was present for CouponCabin, and neither party was represented by counsel. ![]() On February 10, 2021, CouponCabin submitted a response to Christofield’s notice of claim asserting that only $0.51 of cash back was validly earned and owed to Christofield and that he violated its terms and conditions by using two accounts to claim offers. A message from Christofield to CouponCabin dated February 23, 2019, indicated that he had not received a check. This is usually a ten-day process but based on your note, I will Court of Appeals of Indiana | Memorandum Decision 21A-SC-410 | Aug of 9 escalate this to our Chief Financial Officer so we can get a final payment processed within the next 48 hours.” Appellant’s Appendix Volume II at 25. A message from CouponCabin to Christofield dated January 15, 2019, stated that the company’s security system had detected what it deemed unnatural activity from Christofield’s account and/or computer network, as a result his account was eligible for check payments only, and that his account remained in good standing, a message from Christofield to CouponCabin dated the following day stated he would accept a check but would also be looking into whether he had any legal recourse, and a reply message from CouponCabin to Christofield stated: “Given your desire to seek legal action, we feel that the best course is to close your account and issue a final payment for the cash back you have pending. A number of exhibits were attached to Christofield’s notice of claim, including a timeline of events, an email from CouponCabin stating that he had $76.86 pending, an offer to earn cash back of $75.00 on a purchase from Walmart, a confirmation email in November 2018 stating Christofield had earned cash back of $75.00, and numerous messages and letters between Christofield and CouponCabin. Facts and Procedural History On January 14, 2021, Christofield filed a notice of claim against CouponCabin alleging that he earned $76.86 using the company’s cash back service, that prior to terminating his account the company’s customer service representative told him that his account was in good standing and that he would receive a check for the pending amount, and that no check was sent. Court of Appeals of Indiana | Memorandum Decision 21A-SC-410 | Aug of 9 CouponCabin, LLC, appeals the small claims court’s judgment in favor of Michael Christofield of $76.86 plus court costs. Appeal from the Lake Superior Court The Honorable Robert J. Michael Christofield, Appellee-Plaintiff. Boveri Krieg DeVault LLP Mishawaka, Indiana Michael Christofield Muncie, Indiana IN THE COURT OF APPEALS OF INDIANA CouponCabin, LLC, AugAppellant-Defendant, Court of Appeals Case No. FILED Aug 16 2021, 7:56 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT APPELLEE PRO SE Mark D. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
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