Distinction without a difference. Chase did not have the right BECAUSE they did not follow procedure. Did Elan behave differently than Chase, or did they also fail to provide proper notice?
"Chase did not have the right BECAUSE they did not follow procedure."
That's just what the plaintiffs
claimed. This has never been confirmed by any third party, as the case never went to trial. All we know from that settlement is:
1. Nobody, including the plaintiffs, disputed that Chase has the right to cancel points if it provides proper notice that it has the right to do so.
2. The plaintiffs
claimed that Chase didn't provide proper notice.
3. Chase decided it would rather pay $2.3M than litigate the issue.
4. The plaintiffs decided they would rather take $2.3M (including legal fees) than litigate the issue.