Judge I. Leo Glasser
‘Air time" reseller Dollar Phoneand parent Global Switchingbought Dun & Bradstreet’s (D&B) ScoreBuilder product. Each purchase was memorialized by an email stating that ScoreBuilder enabled submission of up to six trade references which D&B would attempt to convert into "payment experiences" improving the accuracy of scores and ratings used to assess credit risk. In their action for contract breach and unjust enrichment, Dollar Phone and Global Switching alleged D&B breach by rejecting many submitted references on the basis of undisclosed restrictions, rendering ScoreBuilder worthless. The court dismissed plaintiffs’ claims. Their breach claim tacitly acknowledged their understanding of contractual terms. Further, plaintiffs were on inquiry notice of D&B’s restrictions. D&B’s emails verifying ScoreBuilder’s purchase stated that plaintiffs would receive periodic status emails to track the progress of their trade references. If status emails were not received, there was no evidence that plaintiffs ever inquired into why they were not. Dollar Phone’s human resources director never made such inquirieswhich a reasonably prudent person would have madenor accepted D&B’s invitation to call about ScoreBuilder.
