A brand new lawsuit searching for class motion standing alleges that WordPress co-creator Matt Mullenweg and Automattic engaged in unfair enterprise practices to hurt managed WordPress internet host WP Engine (WPE) and its clients.

In line with the lawsuit:

“Plaintiff and the category search equitable reduction pursuant to Cal. Bus. & Prof. Code § 17203 to finish Defendants’ wrongful practices together with requiring Defendants to stop its tortious interference with contract.”

…Plaintiff and the category additionally search an order requiring Defendants to make full restitution of all monies it obtained by means of its wrongful conduct, together with all different reduction permitted underneath Cal. Bus. & Prof. Code §§ 17200 et seq.”

The lawsuit makes a number of claims towards Mullenweg and Automattic:

  • That defendants interfered with entry to WordPress sources, disrupting WPE clients.
  • Interfered with clients’ potential to handle their web sites hosted on WP Engine (WPE).
  • The lawsuit claims that the actions weren’t reliable trademark enforcement efforts however a pretext for degrading WP Engine’s companies and pressuring clients to depart.
  • The criticism additionally accuses the defendants of monopolistic habits, alleging that they wielded management over the WordPress ecosystem for monetary acquire, harming WPE clients.

In line with the authorized submitting:

“Defendants intentionally wielded their energy over the WordPress.org web site like a cudgel, not solely blocking entry to the web site however stealing sources just like the ACF plugin, forcing guests to click on a checkbox asserting they don’t seem to be related to WPE, publishing WPE buyer web site addresses in an try to strain clients to depart WPE, and repeatedly threatening future penalties together with the chance of extra service disruptions for sophistication members who didn’t go away WPE. “

Why the Lawsuit Seeks Class Motion Standing

The authorized submitting asserts that the lawsuit qualifies for sophistication motion certification primarily based on allegations that Mullenweg and Automattic engaged in conduct that harmed not simply the plaintiff however a broader group of WP Engine (WPE) clients. The plaintiff contends that the defendants’ actions, together with interfering with WPE’s companies, blocking entry to important WordPress instruments, disrupting and degrading service, and pressuring clients to depart WPE, resulted in hurt that, in response to the lawsuit, meets the factors for sophistication certification underneath Rule 23. The lawsuit claims that WPE clients confronted service disruptions, monetary losses, and potential safety dangers.

The justification for the category motion is printed in paragraph 58 of the lawsuit:

“Plaintiff brings this motion as a category motion pursuant to Guidelines 23(a) and 23(b)(1)-(3) of the Federal Guidelines of Civil Process, on behalf of himself, his enterprise and a Nationwide Class outlined as:

All individuals in the US who had ongoing energetic WPE WordPress Net Internet hosting Plans on or earlier than September 24, 2024 by means of December 10, 2024.”

The authorized submitting asserts that quite a few public statements and courtroom data, together with filings associated to WP Engine, assist the allegation that the defendants precipitated hurt to the plaintiff and the alleged class. It then particulars the plaintiff’s private experiences as additional proof of the alleged hurt.

Part III, ‘Plaintiff’s Experiences,’ outlines how the defendant’s actions harmed the plaintiff, Keller, together with:

  • Service Disruptions
  • Enterprise and Monetary Impression
  • Private Web site Impression
  • Safety Dangers
  • Buyer Relationship Issues
  • Consideration of Different Internet hosting

The authorized submitting particulars the next:

“Defendants’ interference considerably impacted the enterprise of Plaintiff Keller. Whereas Plaintiff Keller was pleased with WPE companies and supposed to proceed utilizing WPE companies, the service disruption and degraded service, coupled with repeated public statements and threats made by Defendants, led Plaintiff to discover transferring his web site and all these operated by his enterprise to a different managed internet host.

Plaintiff’s livelihood revolves round constructing and working web sites, and important disruptions will influence his enterprise together with his personal capability to satisfy his contractual obligations to his personal purchasers.

Plaintiff Keller’s web sites had been considerably impacted by outages regardless of WPE’s makes an attempt to create workarounds.

Plaintiff Keller has needed to spend important time and expense responding to the service disruptions and degradations, making ready for transferring his and his purchasers’ web sites to a brand new host, and in investigating a brand new host setting after a protracted and profitable prior partnership with WPE. He isn’t alone within the hurt he has suffered.

Plaintiff Keller’s private web site was additionally considerably impacted. Entry to the WordPress backend was obtainable intermittently, and Plaintiff Keller obtained emails associated to this downtime.

Plaintiff Keller pays WPE $3,300 per 12 months for its “Scale Plan,” 2 extra web sites, and GeoTargeting and Multi-Web site companies. Resulting from Defendants’ actions, Plaintiff Keller was unable to replace his web site in a regular advertising and marketing cycle adjustment. Plaintiff Keller needed to spend time and expense to handle, replace, and modify his web site on account of Defendants slicing off WPE
from the WordPress ecosystem and due to this fact, didn’t obtain the advantage of his cut price with WPE as Plaintiff Keller needed to do the work that he pays WPE for.”

A New Part In Dispute Between Mullenweg/Automattic And WPE

This class motion lawsuit is a brand new part within the dispute between Mullenweg, Automattic and WP Engine. It expands the authorized battle to incorporate claims from particular person clients. With allegations of unfair competitors, monopolistic habits, and deliberate service disruptions, the category motion lawsuit provides one other layer to a dispute that has led some within the WordPress neighborhood to name for a change in governance to the WordPress open supply mission.

Learn the textual content of the lawsuit right here: (PDF)

Featured Picture by Shutterstock/BCFC


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