LOS ANGELES (Legal Newsline) – A California woman is suing a marketer and seller of feminine hygiene products over claims it automatically charged her for continuous service without her consent.
Jane Doe, individually and for all others similarly situated, filed a class action lawsuit Nov. 13 in the U.S. District Court for the Central District of California against HelloFlo and Does 1-10, alleging violations of California's Automatic Renewal Law and unfair competition.
The plaintiff purchased a subscription plan from HelloFlo. The suit states HelloFlo made automatic renewal or continuous service offers to the plaintiff and other consumers but failed to present the terms of these offers in a clear and conspicuous manner.
The suit further states HelloFlo charged the plaintiff's and class members' credit cards, debit cards, or third-party accounts without first obtaining affirmative consent to the agreement containing automatic renewal or continuous service offer terms.
HelloFlo also failed to provide an acknowledgement that includes the offer terms, cancellation policy, and information as to how to cancel.
The plaintiff and others in the class seek damages, restitution, declaratory relief, injunctive relief, and attorney fees and costs. The plaintiff is represented by attorney Scott J. Ferrell, Richard H. Hikida, David W. Reid, and Victoria C. Knowles of Newport Trial Group in Newport Beach, California.
U.S. District Court for the Central District of California case number 8:15-cv-01882-DOC-KES