On 01 July 2016, our article “Despite warning: Lyoness still advertises with Mastercard” was published. This also went through the press.
Lyoness claimed to have no idea of a warning and presented itself as a victim of a third-party card provider. In fact, the ominous third-party was an employee of Lyoness itself, who founded the “MyCard” in Gibraltar, thus enabling Lyoness to use it for marketing over years.
After this lie of Lyoness was discovered and published by Ben Ecker, he was sued for injunctive relief, damages, etc. and Lyoness published this under “Lyoness sues its critics”. (BG Vienna Az. 11 Cg 75 / 6s-23)
Since then, the trial has been postponed continuously and the proceedings have been protracted. After a good three years, now it came to a partial judgment (Az 11 Cg 75 / 16s-52) in the matter.
In order to make Swiss Lyconet marketer Ede Buser understand it correctly, here the following note: Defendant = Ben Ecker & Applicant = Lyoness Europe AG
In the partial judgment it was decided:
• The claim that the defendant owes the plaintiff, as of now, the statement and / or dissemination of the statement that
• Lyoness is misusing the reputation of its affiliates for the purpose of recruiting customers, and / or
• the payments made by Lyoness to the partner companies come from a criminal offense and / or
• Customers are forced to make further investments with the promise of a residual income through the cashback function
and / or to refrain from making similar statements, is rejected.
The claim, the defendant must revoke the allegations that
• Lyoness misuses the reputation of the partner companies for the purpose of recruiting customers,
• the payments made by Lyoness to the partner companies come from a criminal offense,
• customers are forced to make further investments with the promise of a passive income through the cashback function
• Lyoness is lying
demonstrably within 4 weeks to those partner companies of the plaintiff who have received letters from the defendant which contain such statements, in particular NORDSEE Gesellschaft mbH and UNITO Versand & Dienstleistungen GmbH, the Landesfeuerwehrverband Steiermark, as well as all companies which have been contacted via E-mail dated 25 October 2016 at 13.15 with the subject “request regarding partnership with Lyoness”, in writing by e-mail and registered letter (the word revocation in bold, the names of the parties and their representatives in bold and in spaced letters), is rejected.