Facts

On April 1, 2022, Rosemarie Rivali, on behalf of herself and all others similarly situated, brought a putative class action against Shutterfly, LLC, alleging false and deceptive advertising claims. The class included all persons, within the United States, who from April 1, 2018, until August 25, 2023, purchased from Shutterfly's e-commerce website (www.shutterfly.com), one or more products at discounts from an advertised reference price and who have not received a refund or credit. Excluded from the class were Shutterfly's Counsel, Shutterfly's officers, directors and employees, and the judge presiding over the action.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant engaged in deceptive advertising by advertising purportedly improper discounts on merchandise sold in its e-commerce store, Shutterfly.com, and improperly leading consumers to believe that they were receiving a discount on their purchases.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

The parties participated in a two-day mediation with Shirish Gupta on August 4, 2022, and August 8, 2022.

Result

The parties reached an agreement wherein Shutterfly admitted no liability or wrongdoing but agreed to provide class members who submit valid claim forms with a voucher for $25 off any purchase from its website and a $5 voucher for class members who do not submit claim forms. Shutterfly also agreed to pay the class's fees and costs up to $2.4 million.