Class Action Blog : Class Action Lawyer & Attorney : Meiselman, Denlea, Packman, Carton & Eberz : Consumer fraud, Personal Injury

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In August, 2008, Meisleman, Denlea, Packman, Carton & Eberz, P.C. filed a class action complaint in federal court in Massachusetts on behalf of Deloris Gordon and all others similarly situated (the “Class”) alleging that Adaptive Marketing, LLC (“Adaptive”) and its parent company Vertrue, Inc. (“Vertrue”), along with VistaPrint USA, Inc. (“VistaPrint”) and its parent company VistaPrint Limited (collectively “Defendants”), are perpetrating; specifically, the practice of imposing unauthorized charges upon unsuspecting consumers who order services or merchandise from VistaPrint and whose personal and confidential credit card and bank account information is then accessed by Adaptive Marketing and Vertrue without Plaintiff’s or the Class’ prior permission.

Soon after Plaintiff Gordon’s complaint was filed, the United States Judicial Panel on Multidistrict Litigation issued a Transfer Order, dated December 11, 2008, that Gordon’s complaint -- along with six other class action complaints filed across the country -- be assigned to the United States District Court for the Southern District of Texas for coordinated or consolidation proceedings. On or about March 2, 2009, Plaintiff Gordon, along with three other plaintiffs, filed a consolidated class action complaint (“Complaint”), which can be accessed here.

The Complaint alleges that Defendants’ business models are based on gaining access to confidential credit card and bank account information in order to charge consumers fees for worthless “memberships” and “services” that plaintiffs and other Class members never desired or authorized. By doing so, the Complaint states, Defendants have established one of the largest unauthorized consumer billing operations in the United States through the placement of internet advertising on various legitimate (and illegitimate) websites. As the Complaint alleges, VistaPrint’s advertisements purport to sell graphic design and customized printed products, while Vertrue and Adaptive Marketing purport to sell membership programs that provide discounts on various consumer goods and services. And, as the Complaint states, because there is no legitimate demand for Adaptive Marketing’s membership programs, VistaPrint’s internet websites and advertisements serve as a pretext for gaining access to consumers’ confidential financial information in order to charge unauthorized fees.

In fact, the Complaint further alleges, consumers almost never legitimately join any of Vertrue and Adaptive Marketing’s various membership programs, nor do they authorize Defendants Vertrue and Adaptive Marketing to charge their credit cards or debit from their bank accounts any monies. The Complaint asserts that when consumers contact any of the Defendants to request that they remove and refund the unauthorized fees charged to their credit cards, they are given the “runaround”, and are unable to obtain refunds of the unauthorized charges.

The class action Complaint is brought on behalf of a nationwide class of all persons who were charged fees or interest by Defendants, or any one of their subsidiaries, without first obtaining plaintiffs’ and the Class’ prior authorization. The Complaint seeks a refund of all unauthorized fees charged to consumers and reimbursement of interest expenses incurred by Class members as a result of Defendants’ scheme.

If you’ve been charged unauthorized fees by Defendants without Defendants first obtaining your permission, please contact us to discuss your legal options.