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 Dec. 2 in the U.S. District Court of the Central District of California against PDF Filler and Does 1-10, alleging violations of California's Automatic Renewal Law and California's Unfair Competition Law.
According to the complaint, PDF Filler operates a website that markets assistance with digital documents, including PDF documents. The plaintiff and others in the class purchased subscriptions for products and services, such as assistance in preparing PDF documents, from PDF Filler.
The suit states PDF Filler 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 of more than $5 million, including 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-02005-DOC-JCG