New Creature Sues New Jersey Company for Breach of Contract

Rogers-based New Creature has filed a lawsuit in Benton County against one of its clients, claiming the company is in breach of contract.

New Creature, a shopper marketing agency that provides marketing, promotional and logistics services for clients whose products are sold in retail stores, says it is owed $120,000 plus interest from iON America LLC, a video camera manufacturing company in New Jersey whose products are sold at Wal-Mart Stores Inc. and other retailers across the country.

The lawsuit was filed in Benton County Circuit Court on Nov. 5.

In the lawsuit, New Creature says it invoiced iON America for $164,687.12 on Nov. 30, 2014. The two companies worked together on a Black Friday marketing event to promote iON America’s products in Walmart stores.

New Creature received $34,687.12 last July. iON America, according to the suit, was contractually obligated to make monthly payments of $10,000 August through November, with a balloon payment of $90,000 due in December to pay off the balance.

Following a $10,000 payment in August, iON America has failed to make any payments since.

New Creature has retained the Rogers attorney Angela Artherton with Friday, Eldredge & Clark for legal counsel.