Spivey v. Adaptive Marketing LLC

Dist. Ct. did not err in granting defendant's motion for summary judgment in action alleging that defendant breached oral agreement reached over telephone by charging annual fees in excess than amount stated during telephone call. Ct. found that voluntary payment doctrine precluded plaintiff from obtaining any remedy where plaintiff actually paid disputed annual fees over four-year period. Ct. rejected plaintiff's claim that he paid said charges under mistake in fact, where plaintiff's mistake had nothing to do with defendant's actions, and noted that plaintiff could have easily uncovered basis for increased annual fees during said period of time.