SuperSpeed Sues The Stack System For False Advertising

SuperSpeed, which I think is fair to say was the first swing speed training system, has sued The Stack System, a competitor founded by noted golf biomechanist Sasho Mackenzie and Marty Jertson, a long-time PING engineer and Tour competitor, for false advertising.

SuperSpeed and its representatives claim that The Stack System has engaged in a marketing campaign to mislead consumers about the real-world gains its product produces.

It’s worth mentioning that members of the MyGolfSpy Staff and our community members have used The Stack System, SuperSpeed, and Rypstick, a third competitor.

Our experience (and that of our community members) suggests that all three tools work. As with many things in golf, the one that’s right for you likely depends on your budget, your use case, and more generally, your preference.

The larger point is that when golfers stick to the program, any of the three are likely to deliver more swing speed.

That said, this issue isn’t about whether or not the Stack System works; it’s entirely about whether it works as well as the company’s marketing implies.

SuperSpeed’s Complaint

You can read the full complaint at the bottom of this post, but the laundry list of complaints asserts that (among other things):

◼️ Stack System’s [sic] produces inflated metrics later used to, [sic] mislead and deceive consumers.

◼️ Stack System’s marketing materials inflate apparent swing speed and distance gains through selective presentment of data without qualification that purported gains are not the result, in whole or part, of its training protocol and products.

A good bit of the rest of the list revolves around the The Stack’s algorithms, the language the company uses to describe swings, and whether it’s reasonable to claim a “real result”, “real gain” or that results are “proven in the field” when distance gain claims are not measured after a drive at a golf course or driving range.

Semantics or gotcha? That’s for the court to decide.

There are also some specific examples of Stack System social media posts that SuperSpeed and its representatives believe to be misleading (you’ll find those embedded in the complaint).

The complaint (embedded below) is a reasonably quick read, so I encourage you to take a look.

What SupersSpeed Wants

As far as what SuperSpeed hopes to get out of this is concerned …

In addition to the requisite cease and desist stuff, SuperSpeed is seeking:

◼️ A judgment that the Stack System has disseminated false and/or misleading information in violation of federal and Illinois law.

◼️ The deletion of all false advertising distributed and recall of all packaging containing false advertising and a requirement that Stack System issue notices (written or otherwise) to that effect to all current distributors and retailers of its products and all distributors with whom Stack System has done business in the past eighteen months.

◼️ Written confirmation within 30 days of an injunction detailing the manner and form in which Stack System has complied.

◼️ An order that Stack System disseminate corrective advertising informing consumers, the trade, and the public of Stack System’s unlawful conduct.

And it wouldn’t be a lawsuit without monetary relief in the form of:

◼️ 3X all profits received by Stack System as a result of its unlawful actions.

◼️ 3X all damages sustained by SuperSpeed (as a result of Stack System’s actions)

◼️ The cost of the action

◼️All reasonable attorney fees

◼️ All other relief to which SuperSpeed are entitled and such other or additional relief as just and proper.

To explain why SuperSpeed has filed suit, the company’s lawyer provided the following statement:

Thoughts for the Road

Market share data for the swing speed training space isn’t readily available, but it’s safe to assume that The Stack System has gobbled up a significant portion of what would otherwise have been SuperSpeed business.

The increased competition may not be working to the company’s benefit.

While an actual court might someday render the only verdict that matters (there are no guarantees this goes to trial), there’s surely to be a good bit of discussion in the court of public opinion as to whether SuperSpeed has a legitimate cause for complaint or if this might be a case of sour grapes over a competitor building a better mousetrap.

Have you used The Stack System? If so, do you feel you were misled?

SuperSpeed LLC v. The Stack System GP, Inc. and The Stack System, LP

MyGolfSpy has reached out to representatives of The Stack System for comment, but did not hear back as of the time of publish.