Daniel Cox, Joseph M. Lynch and Nicole Hall, on behalf of themselves and all others similarly situated v. Clarus Marketing Group LLC, Provide-Commerce Inc., and Does 1 through 50, inclusive
Published: May 18, 2013 | Result Date: Apr. 29, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:11-cv-02711-H-RBB Settlement – $500,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Joseph I. Marchese
(Bursor & Fisher PA)
Alisa A. Martin
(AMartin Law PC)
James R. Patterson
(Patterson Law Group APC)
Defendant
Michelle C. Doolin
(Cooley LLP)
Leo P. Norton
(Cooley LLP)
Michael G. Rhodes
(Cooley LLP)
Facts
Provide Commerce Inc. operated the website ProFlowers.com, which featured pop up advertisements offering customers free shipping. The pop up ads linked customers to another website, operated by Clarus Marketing Group, which then offered free shipping on their transaction as well as 12 future purchases from ProFlowers, provided they enter their email addresses and zip-code. ProFlower shoppers, Daniel Cox, Joseph Lynch and Nicole Hall, filed a class actions suit against Provide Commerce and Clarus,
Contentions
PLAINTIFF'S CONTENTIONS:
The class alleged violations of federal anti-racketeering law, the Electronic Funds Transfer Act, as well as state claims of consumer-protection law violations, negligence, and invasion of privacy.
Damages
The class sought $5 million in damages.
Result
Among other relief, the parties' settlement will establish a $500,000 monetary fund from which Provide-Commerce customers who were enrolled in Freeshipping.com through data pass can be reimbursed for their unauthorized membership charges up to $36.
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