IMVU INC: Faces Lawsuit Over Unfair Trade Practices
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| Computers and Devices | Apps, Websites and Software |
Class Action Reporter
Nov 09, 2011
Peter MacKinnon, Jr., an individual, on behalf of himself, the general public and those similarly situated v. IMVU, Inc.; and Does 1 through 50, Case No. 111-CV-193767 (Calif. Super. Ct., Santa Clara Cty., February 7, 2011), which was originally brought by Colby J. Stratton, alleges violations of the Consumer Legal Remedies Act, breach of contract, conversion, misrepresentation and unfair trade practices.
The Plaintiff accuses IMVU of selling full-length songs to its customers, and then destroyed the value of those songs by drastically cutting their length to only 20 seconds -- even after assuring its customers that it would not, and after deceptively marketing those products to its customers as full-length songs. Despite the fact that its actions have rendered the purchased products virtually worthless, IMVU refuses to refund Plaintiff and those similarly situated for their purchases, the lawsuit asserts.
Mr. MacKinnon is a resident of Midvale, Utah.
IMVU is a corporation incorporated under the laws of the state of Delaware, having its principal place of business in Palo Alto, California. The true names and capacities of the Doe Defendants are currently unknown to the Plaintiff.
IMVU removed the lawsuit on September 30, 2011, from the Superior Court of the state of California, County of Santa Clara, to the United States District Court for the Northern District of California. IMVU argues that the removal is proper because there is complete diversity of citizenship between Mr. MacKinnon and IMVU. The District Court Clerk assigned Case No. 5:11-cv-04840 to the proceeding.
The Plaintiff is represented by: Adam J. Gutride, Esq. Seth A. Safier, Esq. Todd Kennedy, Esq. GUTRIDE SAFIER LLP 835 Douglass Street San Francisco, CA 94114 Telephone: (415) 271-6469 Facsimile: (415) 449-6469 E-mail: adam@gutridesafier.com seth@gutridesafier.com todd@gutridesafier.com
The Defendants are represented by: Luanne Sacks, Esq. Carter W. Ott, Esq. Sushila Chanana, Esq. DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105-2933 Telephone: (415) 836-2500 Facsimile: (415) 836-2501 E-mail: luanne.sacks@dlapiper.com carter.ott@dlapiper.com schanana@nixonpeabody.com