PHOENIX (Legal Newsline) - Two California men are suing GoDaddy, alleging it misrepresents one of its hosting plans.
Mark Schellenbach and William Ryder, both of Los Angeles, individually and for all others similarly situated, filed a class action lawsuit March 18 in U.S. District Court for the District of Arizona against GoDaddy Inc., alleging fraudulent concealment, negligent misrepresentation, and violations of the Arizona Consumer Fraud Act, the California False Advertising Law, and the California Unfair Competition Law.
According to the suit, GoDaddy sells various forms of server access, including "virtual private servers" and "dedicated servers."
GoDaddy's dedicated server is dedicated to one customer, and the resources of that server are not shared or utilized by any other customer, the suit states.
The virtual private server allows several separate servers to run on and share the resources of one physical server.
GoDaddy prices its dedicated servers substantially higher than its virtual private servers but the suit alleges the company misrepresents its dedicated servers.
In fact, the complaint states, GoDaddy provides its dedicated server to customers with virtual private servers that may share the resources of a single physical server between multiple users.
As a result, the suit says, customers who purchase a dedicated server subscription are paying a premium for the lesser virtual private server.
The plaintiffs and others in the class seek a jury trial, damages, disgorgement, injunction, interest, costs and attorney fees. They are represented by attorneys Kathryn Honecker of Rose Law Group in Scottsdale, Arizona, Stephen R. Basser and Samuel M. Ward of Barrack Rodos & Bacine in San Diego, John G. Emerson and David G. Scott of Emerson Scott in Houston and Little Rock, Arkansas, and Christopher D. Jennings of Johnson Vines in Little Rock.
U.S. District Court for the District of Arizona Case number 2:16-CV-00746-DGC