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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Anguillan marketer alleges gateway services provider violated fiduciary duty

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HOUSTON — An Anguillan marketing company is suing a gateway services provider, alleging violation of a payment processing agreement.

MyAdvertisingPays Limited filed a lawsuit Dec. 1 in the Houston Division of the Southern District of Texas against VX Gateway Corp., VX Gateway, Inc., VX Gateway Limited, Celia Dunlop and Timothy MacKay, alleging violation of the Texas Deceptive Trade Practices-Consumer Protection Act.

According to the complaint, in April 2014, MyAdvertisingPays contracted the defendants to provide certain payment processing services that would allow the plaintiff's customers to purchase credit packs on Map.com with credit cards. As a result of the defendants breach, plaintiff was harmed in an amount of at least $42,473,038.56 or 16,043,276.39 Euros. 

The plaintiff alleges the defendants failed to release the plaintiff's funds, failed to provide any accounting of the withheld funds and why the funds are still being withheld.

MyAdvertising Pays seeks trial by jury, and contractual damages of at least $42,473,038.56 and 16,043,276.39 Euros, plus consequential damages, pre- and post judgment interest, attorney fees and costs of suit and all other equitable and just relief. It is represented by attorneys J. Cary Gray of Gray Reed & McGraw LLP in Houston, Michael A. Ackal III, Sandra L. Mazan and Meagan W. Glover of Gray Reed & McGraw PC, in Houston, and by Jonathan D. Herpy and Matthew E. Vogler of Hart & David LLP in Elmhurst, Illinois.

Houston Division of the Southern District of Texas Case number 4:16-cv-03541

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