LITIGATION MATTERS | 6 Months Ended |
Jun. 30, 2014 |
LITIGATION MATTERS [Abstract] | ' |
LITIGATION MATTERS | ' |
NOTE 6 – LITIGATION MATTERS |
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During the year ended December 31, 2012, the Company was involved in five class action law suits. All plaintiffs in these cases were represented by the same legal firm and each complaint sought class action certification. The complaints alleged that Pacific WebWorks violated consumer protection laws, committed fraud and used deceptive trade practices in relation to the manner in which Pacific WebWorks charged for purchases of its products. Each action sought compensatory and punitive damages, plus reasonable costs and attorney fees. The actions are as follows: |
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On November 9, 2009, Barbara Ford filed an action in the Circuit Court of Cook County, Illinois, Chancery Division. A second action was filed on November 12, 2009, by Deanna Pelletier in the Superior Court of the State of California, County of Solano. A third action was filed by Lisa Rasmussen on November 20, 2009, in the Superior Court of Washington, Snohomish County. On December 18, 2009, the Barbara Ford matter was removed to the United States District Court for the Northern District of Illinois. On December 18, 2009, the Deanna Pelletier matter was removed to the United States District Court for the Eastern District of California. On December 23, 2009, the Lisa Rasmussen matter was removed to the United States District Court for the Western District of Washington. |
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On July 10, 2010, Thomas Aikens filed an action in the Circuit Court of Jackson County, Missouri, which matter was removed to the United States District Court for the Western District of Missouri. This matter was brought by the same law firm as the above cases. |
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On September 19, 2011, Lynette Booth filed an action in the Circuit Court of Cook County, Illinois, Chancery Division alleging violations of consumer protection laws by Pacific WebWorks. This case was removed to the United States District Court for the Northern District of Illinois on December 1, 2011. Damages are unspecified in this action. Pacific WebWorks answered the complaint and denied liability, intent to defend against all such claims. |
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In response to these actions, Pacific WebWorks retained legal counsel to vigorously defend the Company in these lawsuits. Discovery began on the class certification phase in the Illinois, Washington and California lawsuits. Our legal counsel opposed class certification and filed motions to dismiss all claims in the Illinois and Washington actions, which motions were granted in part and denied in part. Pacific WebWorks renewed its motion to dismiss in the Illinois action, which motion has not yet been ruled upon. In addition, Pacific Webworks brought motions to dismiss the Pelletier, Guffey and Aikens actions, which motions have not yet been ruled upon. |
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On May 24, 2012, the Company entered into a Stipulation of Class Action Settlement relating to its outstanding class action lawsuits. The settlement agreement required the Company to contribute a maximum of $400,000 to the settlement fund, class counsel and claims administration fees. The Company's entry into the settlement agreement was intended to reduce its overall litigation expense by putting an end to the significant legal fees continually incurred to defend against the actions. As of December 31, 2011 and 2012, the Company had recorded a liability of $400,000 in contemplation of reaching settlement on its outstanding class action lawsuits. As a part of the settlement agreement, the Company agreed to establish an escrow account and deposit the amount of their maximum contribution into the escrow account to be held there during the settlement approval process. The escrow account was established and fully funded by the Company with the appropriate $400,000 maximum contribution on July 2, 2012. |
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On November 28, 2012, the Class Action Settlement received final approval in the Circuit Court of Cook County, Illinois. On January 10, 2013, the $400,000 held in escrow was contributed to the settlement fund, class counsel and claims administration fees. The Company considers this matter to be closed. |
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On September 6, 2013 our subsidiary, Headlamp Ventures, LLC, filed a complaint against Marc Didier in the Third District Court Salt Lake County State of Utah. The complaint alleges that Headlamp Ventures loaned Grupo Zapata Arce (“Zapata”) $400,000 and Mr. Didier guaranteed the Loan Agreement and Note. Zapata failed to repay the loan by the due date of August 31, 2013 and is in default. Pursuant to the Guaranty and Security Agreement, Mr. Didier is obligated for all amounts due and owing. Headlamp Ventures seeks repayment of the loan amount, plus interest, attorneys' fees and punitive damages. |
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On November 15, 2013 Pacific WebWorks, Inc. was served a summons by the Third Judicial District Court in and for Salt Lake County, State of Utah. The plaintiffs, Allen Stutelberg, Harold Schmunk and Michael Greer, filed a derivative action alleging Pacific WebWorks, Inc. and five former and current members of the board of directors, officers and/or employees of the Company committed corporate waste, breached fiduciary duties and committed civil conspiracy resulting in mismanagement of the Company's assets and affairs and usurpation of corporate opportunities. The plaintiffs seek general and punitive damages in excess of $300,000 for each of the five causes of action to be proven at a jury trial. The Company retained legal counsel to vigorously defend against these allegations. The Company's counsel filed an answer to the summons and filed a motion to disqualify plaintiff's attorney due to a conflict of interest. The Company's motion to disqualify plaintiff's attorney was granted in July 2014. |
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We are involved in various other disputes and claims arising in the normal course of our business. In the opinion of management, any resulting litigation from these disputes and claims will not have a material effect on our financial position and results of operations. |