Brian J. Gainey v Bullseye Media, Inc.
Pop Up Ads Promising "Free" Gifts Are the Subject of New Class Action Lawsuit
A class action lawsuit has been filed in the District Court of New Jersey against Bullseye Media, Inc. alleging, among other things, personal injury and deceptive business practices in violation of the New Jersey Consumer Fraud Act. Bullseye Media is a Pennsylvania based technology and contract for internet and advertising/marketing company. Class members seek to advance public welfare by seeking a restraining order and also seek punitive and compensatory damages.
Specifically, the lawsuit alleges that Bullseye fraudulently informed computer users and/or consumers via a "pop up" ad, email or via websites that they had won free gifts and prizes including computers, flat screen monitors, coffee makers and other items. However, when the computer user took steps to receive their free gift or prize, they were required to complete multiple "offers" which require several purchases and commitments. Often times, the complaint alleges, the consumer is not advised that they have not really won the prize or that they have to complete the "offer" information to receive the prize they were told was free.
More specifically, the complaint alleges that consumers are required to participate in surveys to receive their free gift, yet the surveys require a purchase first. Even when this is completed, the consumer is advised that the status of their free gift is "pending".
The complaint lists the same allegations against Selective Shopper, Inc., a New Jersey based marketing company.
