U.S. Fifth Circuit Court of Appeals Dismisses Vistaprint Class Action Lawsuit
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 Vistaprint.com. 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 Limited from the case and on August 31, 2009, the United States 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 Vistaprint.com were clearly written and not deceptive.