SunRocket Accuses Vonage of Misusing Customer List
SunRocket wants damages and an injunction against Vonage for misuse of SunRocket’s customer list, it said in a Delaware Chancery Court lawsuit. Vonage got and used fallen VoIP company SunRocket’s 220,000-name customer list without permission, SunRocket said. Vonage denied the claim, saying it obtained legitimately from an established New York broker the only VoIP subscriber list it has been using. Vonage said it will fight the lawsuit, filed Wednesday. The complaint creates more work for Vonage lawyers, who are representing the company in patent infringement disputes with Verizon, Sprint Nextel and Nortel.
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SunRocket wants a court order to stop Vonage from using confidential information, misappropriating trade secrets and violating contract obligations. It also seeks an order to force Vonage to return all confidential information, plus SunRocket damages, litigation costs and attorney fees.
“We believe the suit lacks merit,” Vonage said in a statement. Vonage obtained a list of VoIP subscribers who disconnected service “around the time of SunRocket’s closing” from Paradysz Matera, a New York City marketing list brokerage, a Vonage spokesman said. “We were assured that the data was legally obtained and could be used without violating anyone’s proprietary rights,” Vonage said. Paradysz Matera didn’t respond to requests for comment.
Vonage took and used the list after it failed to reach an agreement to buy SunRocket or its assets, the complaint said. SunRocket has “sustained and continues to sustain immediate and irreparable harm and injury, including but not limited to potential loss in the value of the customer list,” it said. On June 7, Vonage agreed not to use any confidential SunRocket information unless the companies signed a business deal, the complaint said. After SunRocket closed its doors July 16 (CD July 18 p15), it assigned Sherwood Partners to wind the company down. Sherwood entered into agreement with Unified Communication Corporation and Packet8 to offer continued phone services to SunRocket customers. It didn’t make a similar deal with Vonage, which began using the list in early August, the complaint said. Former SunRocket customers complained to Sherwood about receiving targeted Vonage mailings, forcing Sherwood to deny a Vonage sale in an Aug. 9 statement (CD Aug 10 p9).
Sherwood lawyers sent Vonage a cease-and-desist letter Aug. 8, asking Vonage to stop contacting for SunRocket customers or otherwise use its list, to apologize to solicited customers and to identify customers won through the targeted marketing, the complaint said. On Aug. 14, Vonage declined to comply with the demands, SunRocket said. “Vonage did not deny having a copy of [the] customer list nor did Vonage claim that it was a bona fide purchaser of [the] customer list,” the complaint said. Instead, Vonage alleged that the list didn’t come from SunRocket or Sherwood, it said.