The Allegations:

Shutterfly advertised on the Groupon website that if a customer purchased the advertised deal, he or she would receive a fixed dollar credit to be used to purchase products on the Shutterfly website in the future. These deals are referred to by Shutterfly as "Groupon General Spend Deals." However, the Shutterfly Groupon General Spend Deal that they were purchasing was not a credit, but was merely a promotional code that could not be combined with any other sales or promotions offered on the Shutterfly website, including free shipping codes.

Status:

This case was filed in December 2017. Defendant moved to compel arbitration and we successfully argued to the arbitrator that Shuttefly's arbitration clause was enforceable. The case returned to federal court. Plaintiff and Shutterfly entered into a settlement agreement. On March 5, 2021, Plaintiff filed a motion for approval of the settlement agreement., which is scheduled for hearing in fall 2021.

Under the proposed settlement, Defendant has agreed to change its advertising of future Shutterfly General Spend Groupons to notify purchasers that they will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. In addition, Defendant will provide settlement benefits to all Class Members. Class Members who did not yet redeem the Groupons they purchased will automatically receivea replacement Promotional Code worth 110% of the original Promotional Value, plus a Shipping Code for free shipping on a future purchase from Shutterfly.com. Class Members who already redeemed the Groupons towards a purchase at Shutterfly will automatically receive another Promotional Code worth 20% of the original Promotional Value, plus a Shipping Code for free shipping, both of which can be used on a future purchase from Shutterfly.com. Class Members who redeemed their Shutterfly General Spend Groupons who do not want the additional Promotional Code and Shipping Code can instead elect to obtain a Cash Refund equal to: (i)10% of the Promotional Value of the Groupon plus (ii) 50% of the amount the Class Member paid Shutterfly for shipping in connection with the order in which the Groupon was redeemed.

If you are a person covered by the proposed class, you do not need to do anything at this time. We will post updates about the lawsuit on our website so check back often. If you would like to talk to us about your experiences, you can email us at shutterfly@gutridesafier.com.

Who is Covered:

Alll United States residents who either (i) purchased a Shutterfly General Spend Groupon from June 1, 2015 to April 30, 2018 that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon that was purchased during that period.

Key Documents

Date	Title
2021-12-07	Order Granting Final Approval of Class Action Settlement
2021-12-08	Final Judgment