Shoplyfter Whitney Wright Case No 7906287 Top Link

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| Date | Event | |------|-------| | 15 Oct 2022 | Whitney Wright signs the Launch Agreement; pays $2,495 and authorizes monthly $199 auto‑debit. | | Nov‑Dec 2022 | Wright attends three live “Strategy Sessions” (online webinars) where ShopLyfter’s CEO claims “most partners see 30‑40% revenue lift in the first 90 days.” | | Jan 2023 | Wright begins using the ShopLyfter dashboard; reports modest traffic (≈ 5 k visits/mo) but no measurable sales increase. | | Mar 2023 | Wright files a formal complaint with the state consumer‑protection agency (CP‑2023‑0175), alleging false advertising. | | 30 May 2023 | ShopLyfter sends a “Goodwill” email offering a one‑time $500 credit if Wright continues the program for another 6 months. Wright declines. | | 14 Aug 2023 | Wright terminates the contract via email (per the 30‑day termination clause) and requests a refund of the remaining prepaid months. | | 23 Aug 2023 | ShopLyfter refuses the refund, citing the “non‑refundable launch fee” and the “use‑it‑or‑lose‑it” clause. | | 02 Sep 2023 | Wright files the civil complaint in the Superior Court of [State], docket #7906287. Complaint alleges: (1) breach of contract, (2) fraudulent misrepresentation, (3) violation of the state’s Unfair Trade Practices Act (UTPA). | | 15 Sep 2023 | ShopLyfter files an Answer and a Motion to Dismiss (arguing the “no‑guarantee” clause bars earnings claims). | | 12 Nov 2023 | Court denies the motion to dismiss in part (the UTPA claim survives; the breach‑of‑contract claim is dismissed). | | 06 Jan 2024 | Parties exchange discovery: ShopLyfter produces the signed agreement, email logs, and a copy of the “earnings‑disclaimer” PDF. Wright provides screenshots of the promotional webinars, her own sales data, and an affidavit about her marketing effort. | | 02 Mar 2024 | Wright serves a Motion for Summary Judgment on the UTPA claim, asserting that the “no‑guarantee” clause is unconscionable because it was hidden in fine print and contradicted by the CEO’s public statements. | | 25 Mar 2024 | ShopLyfter files a Counter‑Motion arguing that the disclaimer was prominently disclosed and that the plaintiff had actual knowledge of the risk. | | 18 Jun 2024 | Court holds a status conference; sets a mediation date for 15 Mar 2025 and orders the parties to submit a joint pre‑mediation brief by 30 Oct 2024. | | 31 Oct 2024 | Both sides file the briefs; the judge notes that the key factual dispute is whether the earnings statements made in the webinars constitute “material misrepresentations” that a reasonable consumer would rely upon. | | Current (Aug 2024) | No settlement has been announced; the case remains pre‑trial with mediation pending. |

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