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Greene Espel client LivingSocial wins dismissal of consumer EFTA action

Earlier this year, an individual plaintiff brought a Minnesota state-court lawsuit against LivingSocial, an online local marketplace that offers daily deals on restaurants, retail shops, weekend excursions, and the like.  In Wersal v. LivingSocial, the plaintiff, represented by attorney Paul Hansmeier, alleged that expiration dates noted on LivingSocial deals violated the federal Electronic Fund Transfer Act (EFTA) and other statutes and sought money damages, statutory penalties, and injunctive relief.

LivingSocial, represented by Greene Espel, removed the case to federal court and moved to dismiss on the ground that the plaintiff had failed to allege an injury sufficient to invoke the Court’s jurisdiction.  On July 26, 2013, Minnesota federal district court judge Donovan Frank granted LivingSocial’s motion, dismissing the case with prejudice and entering judgment in LivingSocial’s favor.
Bob Gilbertson and Janine Wetzel, two of many Greene Espel lawyers experienced in representing defendants in individual and putative class-action consumer litigation, handled the case.  Contact Bob or Janine for more information about Greene Espel’s business litigation practice.


Robert J Gilbertson

Practice Areas

Business Litigation