Lady Gaga is an undeniably talented international celebrity, providing music andentertainment to millions of dedicated fans who support her and enjoy her music.4.
Defendants, with the support of Lady Gaga, designed, marketed and distributedthe Wristband to the public in a well publicized effort to alleviate the destruction caused by theearthquake in Japan. Defendants used the Wristband to encourage donations to this cause(“Relief Effort”).5.
Defendant Lady Gaga with the other Defendants affirmatively represented, viainternet video postings and various other media outlets, “all proceeds” from the Wristband wouldgo to aid in Japan by stating, “All proceeds go directly to Japan Relief Efforts,” (“SubjectFunds”).6.
Plaintiffs allege Defendants misrepresented to individuals and to the public atlarge, the nature of the funds tendered for the Wristbands by representing that “all proceeds”derived from the Wristbands would be donated to the Relief Effort. Defendants failed to allocatethe funds as claimed.7.
Specifically, Defendants falsely represented that all proceeds derived from theWristbands would be and later was donated to the Relief Efforts.8.
A portion of the first five dollars of each donation were retained by Defendants.These funds are included in the “Subject Funds”.9.
Not only did Defendants retain a portion of the first five dollars of the donation asset forth above, they also added additional “shipping charges” in excess of the amount requiredto ship the Wristbands based on their weight, and retained a portion of the shipping charges.These funds are included in the “Subject Funds”.10.
Additionally, consumers were taxed for their donations wrongfully, and thewrongfully levied taxes were not forwarded to the appropriate taxing authorities in theappropriate time frame. These funds are included in the “Subject Funds”.