Emery

Plaintiff Paul R. Emery, Jr., brought the underlying action against defendants Visa International Service Association and Visa U.S.A. Inc. (VISA) for unfair and unlawful business practices and deceptive advertising because foreign lotteries, in written solicitations to California residents, allow payment by VISA bank cards. Plaintiff, who never purchased a foreign lottery ticket and is not sure he ever received a solicitation, admits that VISA played no role in the creation or mailing of the solicitations. Nevertheless, plaintiff asserts that VISA can be held vicariously liable, both criminally and civilly, for the over 14 million merchants worldwide who accept VISA payment cards.

The trial court granted VISA’S motion for summary judgment, rejecting plaintiff’s theory that VISA’S advertising, licensing of its logo, and utilization of its payment system creates either an actual or ostensible agency relationship with its merchants. The court also rejected plaintiff’s notion that VISA somehow aided and abetted the unlawful solicitation of California residents to play foreign lotteries by failing to prevent the exploitation of its logo and failing to sufficiently repudiate…