MARSHALL  - A direct marketing business has filed a breach of contract lawsuit against a marketing company for continuing to send invoices for several months after their contract expired.

Home & Garden Party Ltd., doing business as Celebrating Home, filed suit against Fusion Performance Marketing LLC on Feb. 22 in the Marshall Division of the Eastern District of Texas.

According to the suit, Celebrating Home was founded in 1996 with a mission of creating a direct marketing business to sell home entertaining and decorating accessories and ideas. Individuals that market and sell through Celebrating Home are referred to as “Designers.”

The defendant is a marketing company that provides and markets “incentive programs,” in which participants can earn points that can be redeemed for merchandise.  In December 2009, the plaintiff and the defendant entered into an agreement in which Fusion was to provide its services and create an incentive program customized for Celebrating Home.

Under the terms of the agreement, which was for the years 2010-2011, Celebrating Home paid invoices totaling approximately $600,000.  Celebrating Home states it did not experience a return on investment as promised and sales of its products, as well as retention of its Designers, actually decreased.

The plaintiff states it let the agreement expire on its own terms at the end of 2011, but beginning in April 2012 and continuing until October 2012, Fusion began sending additional invoices. The invoices totaled $95,029.

The defendant is accused of breach of contract.

Celebrating Home is seeking an award of damages, attorney’s fees, court costs and interest.

The plaintiff is represented by Neal J. Suit of Carrington, Coleman, Sloman & Blumenthal, L.L.P in Dallas. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00176

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