Hoang Tran Nov. 12, 2015, 11:27am


LOS ANGELES (Legal Newsline) – A file sharing and cloud hosting company is facing a suit over claims it renewed services without authorization.

Jane Doe, on behalf of herself and those similarly situated, filed a class action lawsuit on Nov. 6 in the U.S. District Court for the Central District of California against Egnyte Inc. over claims that it violated the California Automatic Renewal Law and the California Unfair Competition Law.

Doe alleges that the defendant made automatic renewal or continuous service offers to consumers in and throughout California and "failed to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer," the complaint states.

The defendant supposedly provided, on a monthly basis, subscriptions for secure file sharing and related services at several different levels, beginning at $8, the complaint states. After plaintiff and class members subscribed to one of defendant’s subscription plans, defendant sent to plaintiff and class members documents entitled “invoice” and “Welcome to Egnyte,” but has allegedly failed to provide an acknowledgement that includes the automatic renewal or continuous service offer terms or information on how to cancel, according to the complaint.

Doe is seeking a trial by jury and suing for restitution and injunctive relief, court costs and attorney fees, and any other reliefs deemed just by the court. The plaintiff is represented by Scott J. Ferrell, Richard H. Hikida, David W. Reid, and Victoria Knowles from Newport Trial Group in Newport Beach, California.

U.S. District Court for the Central District of California case number 8:15-cv-01828-JLS-DFM

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