EmailDirect Inc., Alisa Viejo, CA, has filed a $5.3 million lawsuit against e-mail distribution company Exactis.com, charging that Exactis failed to distribute e-mail messages as agreed. Despite their contract, Exactis.com “did not have the capability nor capacity to provide e-mail distribution for Email[Direct],” the suit charges. Exaxctis spokespersons had no comment at presstime. The complaint, filed in the California Superior Court for Orange County, further alleges that links for clickthroughs did not work, and that Exactis overbilled EmailDirect. The alleged failure to process the e-mail caused “continual incorrect, corrupted, delayed, interrupted, unreadable and incomplete distributions to Email[Direct]’s subscriber list,” the documents state. Exactis knew it could not handle EmailDirect’s distribution needs when it signed the contract, but made false representations “to induce Email[Direct] to enter the contract,” the papers continue.

Emaildirect Inc., is suing e-mail distribution company Exactis.com for $5.3 million in damages.

Aliso Viejo, CA-based Emaildirect charges that Exactis failed to distribute e-mail messages, as agreed, to Emaildirect’s subscriber list. “Despite direct representations by Exactis, [the company] did not have the capability nor capacity to provide e-mail distribution for Email,” the plaintiff charges.

When contacted for comment yesterday, Exactis spokesperson Tory Pearson said the Denver company had just received the court papers and would not be able to comment until its lawyers had reviewed them.

The complaint, filed in the California Superior Court for Orange County, further alleges that links for click-throughs did not work, and that Exactis overbilled Emaildirect. Exactis’ inability to process Emaildirect’s e-mail as represented, caused “continual incorrect, corrupted, delayed, interrupted, unreadable and incomplete distributions to Email’s subscriber list,” the documents say.

Exactis was never able to correct these problems, and it knew it could not handle Emaildirect’s distribution needs when it signed the contract, but made false representations “to induce Email to enter the contract,” the papers continue.