Court: Vistaprint Was Not DeceptiveOctober 2010
VENLO, THE NETHERLANDS—Business-to-consumer printer Vistaprint announced that a U.S. appeals court has affirmed the 2009 dismissal of a lawsuit against the online company and two of its third-party merchants. According to Vistaprint, the U.S. Court of Appeals for the Fifth Circuit upheld an August 2009 decision by the U.S. District Court for the Southern District of Texas.
The original lawsuit alleged that Vistaprint violated the Electronic Funds Transfer Act, the Electronic Communications Privacy Act and the Massachusetts Unfair Trade Practices Act, in conjunction with third-party membership discount programs Vistaprint offered customers on its Website. The suit claimed Vistaprint clients were tricked into enrolling in a paid membership rewards program.
The third-party merchants, Vertrue and Adaptive Marketing, offered Vistaprint customers a discount on purchases during the checkout process at Vistaprint.com. Those who accepted the discounts were enrolled in the rewards program and membership fees were charged to the credit cards of those Vistaprint clients.
The court found that Vistaprint's Website pages and discount programs were clearly written and not deceptive, according to Vistaprint. PI