Advertiser sues Cypress entrepreneur over text marketing venture
A Clear Lake-based advertising professional is suing over claims a Cypress entrepreneur cheated her out of time, money and knowledge to market an unreliable text messaging service.
Market Doctors Direct, Text USA and Deborah Drury, of Clear Lake, filed a lawsuit on Sept. 27 in the Harris County District Court against Cypress resident Kenneth Nutt and TextHouston.com, citing breach of contract, common law fraud, fraud in the inducement, negligent misrepresentation, breach of fiduciary duty and conversion.
Drury, a successful marketing and advertising professional, says that on Aug. 3 she signed a letter of intent for and contributed $15,000 to Nutt’s new business venture, a texting marketing and advertising program called TextHouston.com.
According to the brief, Drury marketed Nutt’s new program to her many long-standing clients, which included spending $14,000 of her own money hosting demonstration dinners and attend a trade show in Salt Lake City.
Drury claims the program is riddled with glitches, but Nutt assured her solutions were in the works. In September, however, he emailed Drury about problems with the service, including inadequate staffing and funding.
The suit further alleges that Nutt lied when advertising TextHouston.com by stating it was a division of Text USA.
Drury is seeking injunctive relief, damages, attorney’s fees and court costs. She is being represented in the case by Houston attorney Alan Magenheim.
Harris County District Court Case No. 2011-58116.
This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.
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