E-mail marketing firm emaildirect
Inc. this week filed a civil suit against e-mail distribution firm Exactis.com,alleging
unfair trade practices, breach of contract, fraud and negligent
misrepresentation.
The lawsuit, which seeks $5.3 million in damages, apparently stems from a
business relationship between the two companies. Emaildirect.com contracted
with Exactis.com to deliver its value-mail product to its subscribers.
When that contract wasn’t fulfilled to emaildirect’s expectations, the
company filed suit to have these issues addressed by a court.
“Despite representations of their capabilities, Exactis could not fulfill
our service needs as contracted,” stated emaildirect president Gary Brooks.
Exactis.com is in the process of being acquired by 24/7 Media,in a
deal valued at $490 million. Inquiries made to both companies seeking their
comments had not been answered at press time. Interestingly, if the deal
goes through, this will be the second time that 24/7 Media has acquired a
company facing a lawsuit. When it acquired Sabela Media, that company was
the defendant in a suit filed by DoubleClick.