LOS ANGELES (Legal Newsline) – A virtual pet game service is facing a lawsuit over allegations it violated California business codes.
John Doe, on behalf of himself and those similarly situated, filed a class-action lawsuit on Oct. 27 in the California Central District Court against Neopets, Inc. for allegedly violating California’s Automatic Renewal Law and California’s Unfair Competition Law, as well as for failure to obtain consumers' consent and provide acknowledgement of automatic renewal.
The plaintiff alleges that Neopets, which provides a subscription for its virtual pet and games products/services, made automatic renewal or continuous service offers to consumers throughout California, but failed to present the terms in a clear and conspicuous manner and in visual proximity to the request for consent to the offer before the subscription or purchasing agreement was fulfilled. The plaintiff also alleges that the defendants charged the plaintiff’s credit or debit card, or third-party account without first obtaining the plaintiff’s consent. The plaintiff argues that the defendant failed to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel.
The plaintiff is suing for damages and full restitution in the amount of the subscription payments already made. He also wants injunctive relief, attorney costs and any other rewards deemed just by the court. The plaintiff is represented by Scott J. Ferrell, Richard H. Hikida, David W. Reid and Victoria C. Knowles of the office of Newport Trial Group in Newport Beach, California.
U.S. District Court, California Central District Court Case number 2:15-cv-08395-DMG-PLA