LOS ANGELES (Legal Newsline) – A woman is suing a software company over claims it charged for continuous services without consent.
Jane Doe, individually and for all others similarly situated, filed a class action lawsuit Nov. 19 in the U.S. District Court of the Central District of California against Code 42 Software and Does 1-10, alleging violations of California's Automatic Renewal Law and California's Unfair Competition Law.
Code 42 operates a website that markets subscriptions for its CrashPlan computer backup services and related computer services. The plaintiff and others in the class purchased subscriptions for products, such as CrashPlan, from Code 42.
The suit states Code 42 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, declaratory and injunctive 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 of the Central District of California case number 8:15-cv-01936-JLS-KES