In a precedential opinion, the U.S. Court of Appeals for the Third Circuit found that the plaintiff’s rejection of an offer of refund does not mean she lacked standing, quoting the U.S. Supreme Court in writing, “[a]s every first-year law student learns, the recipient’s rejection of an offer ‘leaves the matter as if no offer had ever been made.’”

According to the opinion, Cindy Adam filed a complaint in U.S. District Court for the Northern District of California after, in August 2017, she was charged nearly $100 for what she thought were free samples of beauty products. Adam responded to an advertisement for free samples of Nuvega Lash products which stated she would pay only shipping and handling. Adam ordered two free products and bought one additional item, and was charged $4.99 for shipping of each sample and $14.99 for the additional product.