Vistaprint Reports Dismissal of Purported Lawsuit Upheld by Court of Appeals

VENLO, NETHERLANDS—Aug 26, 2010—Vistaprint N.V. today announced that on August 23, 2010, the decision to dismiss the purported class action lawsuit against Vistaprint USA, Vistaprint Ltd. and two third-party merchants issued by the U.S. District Court for the Southern District of Texas was affirmed in an opinion by the U.S. Court of Appeals for the Fifth Circuit. The Appeals Court found that the District Court’s “detailed analysis is compelling in explaining that each claim is entirely without merit.”

The consolidated complaint had alleged that the defendants violated the Electronic Funds Transfer Act, the Electronic Communications Privacy Act, and the Massachusetts Unfair Trade Practices Act in connection with certain third-party membership discount programs offered to Vistaprint customers on The complaint also had sought recovery for certain common law claims including unjust enrichment and “money had and received.”

On August 18, 2009, the plaintiffs voluntarily dismissed Vistaprint Ltd. from the case and on August 31, 2009, the U.S. District Court for the Southern District of Texas dismissed all remaining claims against Vistaprint USA, Inc. and the third party merchants, and ruled on substantive grounds that the defendants had not violated any of the statutes or common law claims cited by the plaintiffs. The District Court had found “without reservation” that, as a matter of law, the web pages on which the membership discount programs were offered on were clearly written and not deceptive.

“We are very pleased that the Fifth Circuit Court of Appeals has affirmed the District Court’s dismissal order,” said Lawrence Gold, senior vice president and general counsel of Vistaprint. “We always maintained that the terms of the third party membership programs were clearly stated and not deceptive, so we were gratified when the District Court dismissed the purported class action lawsuit against us. While we made a business decision in November 2009 to terminate all third-party membership rewards and similar programs on Vistaprint’s websites, we are pleased that the Fifth Circuit Court of Appeals has now vindicated our position and the District Court’s ruling that the plaintiffs’ claims against us were entirely without merit.”

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  • http://ScottKenyon Scott Kenyon

    Clearly written, in tiny print, in a corner of a webpage used for other purposes. They got me with that one, and I was furious! After I called and gave them hell, they did refund my money, but it was definitely a shady transaction to say the least.

  • http://CharlesPergiel Charles Pergiel

    Interesting story, except you left out a couple of key points, like WHO filed the lawsuit in the first place, and WHY did they file it?