Shutterfly Groupon Promo Code Class Action Lawsuit Sent to Arbitrator

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A Shutterfly deceptive Groupon offer class action lawsuit will be sent to an arbitrator, according to a recent ruling by a California federal judge.

Lead plaintiff Megan Taylor alleged in the Shutterfly class action lawsuit that she was tricked into buying a Groupon that she thought would work like a gift card on the website.

Instead of the gift card or credit she expected, the plaintiff says that she received what was in essence a promo code, with a value that could not be applied to other promotions.

Though the plaintiff argued that the arbitration agreement should not apply to her claims in the Shutterfly deceptive Groupon offer class action lawsuit, U.S. District Court Judge Beth Labson Freeman disagreed.

The judge pointed out that in the arbitration agreement, the arbitrator is given authority to determine when disputes go to court. Despite the plaintiff’s contention that another clause in the agreement indicates that a court should determine the enforceability of the arbitration contract, the judge determined that the dispute must go to arbitration first.

“An express delegation provision is not rendered ambiguous merely because a different section of the contract recognizes that the parties may need to invoke the jurisdiction of a court,” pointed out Judge Labson Freeman in the order compelling the Shutterfly deceptive Groupon offer class action lawsuit to arbitration.

Similarly, the federal judge dismissed the Shutterfly class action lawsuit plaintiff’s argument that the complaint could be amended. The plaintiff sought to amend the class action lawsuit to include additional proposed Class Members and argued that the amendment would render the arbitration agreement inapplicable.

“Even if Taylor were to amend her complaint, she would be compelled to submit her claims to the arbitrator to determine whether those claims are subject to arbitration, and thus the amendment would be futile,” noted the judge in the order sending the Shutterfly deceptive Groupon offer class action lawsuit to arbitration.

Shutterfly is a company that produces pictures into cards and gifts, as well as traditional photo albums. The plaintiff in the Shutterfly deceptive Groupon offer class action lawsuit alleged that the company misrepresented a deal through the discount site, Groupon.com.

The plaintiff says that she and other Class Members thought they were purchasing between $20 and $75 worth of credit on the Shutterfly.com website.

However, alleges the Shutterfly deceptive Groupon offer class action lawsuit, Taylor was surprised to find she could not combine the so-called credit with other promotions, such as free shipping, when she attempted to redeem it at the Shutterfly.com website.

According to the Shutterfly class action lawsuit, more than 10,000 consumers were affected by the alleged false advertising.

Taylor is represented by attorneys Marie McCrary, Adam Gutride and Seth Safier of Gutride Safier LLP.

The Shutterfly Deceptive Groupon Offer Class Action Lawsuit is Taylor v. Shutterfly Inc., Case No. 5:18-cv-00266-HRL, in the U.S. District Court for the Northern District of California.