SAN DIEGO (Legal Newsline) – A California man is suing a marketer and seller of male enhancement products over claims it automatically charged him for continuous services without consent.
John Doe, individually and for all others similarly situated, filed a class action lawsuit Nov. 9 in the U.S. District Court for the Southern District of California against NAC Marketing Co. LLC and Does 1-10, alleging violations of California's Automatic Renewal Law and unfair competition.
NAC operates a website, www.agelessmale.com, that markets subscriptions for products that claim to boost a man's "free testosterone," "support energy production," "promote muscle with workouts," and "increase sex drive and performance."
The plaintiff and others in the class purchased subscriptions for products, such as the Ageless Male testosterone supplement, from the defendant.
The suit states NAC 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; 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; and failed to provide an acknowledgement that includes the offer terms, cancellation policy, and information regarding how to cancel.
The plaintiff and others in the class seek damages, restitution, injunctive and/or other equitable relief, and attorney fees and costs. The plaintiff is represented by attorneys 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 Southern District of California case number 3:15-cv-02522-AJB-JLB