LOS ANGELES (Legal Newsline) - A California woman is suing a support services subscriptions company, alleging it did not clearly present automatic renewal or continuous service offer terms.
Victoria Kissel, individually and for all others similarly situated, filed a class action lawsuit April 22 in
U.S. District Court for the Central District of California
against FreshDesk Inc. and Does 1-10, alleging violations of California's Automatic Renewal Law and its Unfair Competition Law.
The suit alleges when customers purchased subscriptions for any products from FreshDesk, the company made automatic renewal or continuous service offers but failed to present the terms of these offers in a clear and conspicuous manner.
FreshDesk, the lawsuit states, also charged customers without first gaining their affirmative consent to the agreement containing the offer terms, and failed to provide an acknowledgment that includes the offer terms, cancellation policy and information about how to cancel.
Kissel and others in the class seek damages, restitution, injunctive relief and attorney fees and costs. They are represented by attorneys Gillian L. Wade of Milstein, Adelman, Jackson, Fairchild & Wade in Los Angeles, and 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 2:16-CV-02777-TJH-PLA