WHITE PLAINS, N.Y. (Legal Newsline) – A Bronx County, New York consumer has filed a class-action lawsuit against a global media and entertainment company over allegations it prevents consumers from canceling a free trial.
Tawanna Roberts, individually and on behalf of all others similarly situated, filed a complaint on Dec. 5 in the U.S. District Court for the Southern District of New York against Starz Entertainment LLC alleging breach of express warranty.
According to the complaint, the plaintiff alleges that on Sept. 3, 2017, she signed up for a seven-day free trial on the defendant's app. She alleges she tried to cancel the service two days into the trial, but the defendant ignored her cancellation request and began charging her $8.99 for a monthly subscription on Sept. 10. She alleges the defendant has ignored her repeated requests to cancel.
The plaintiff holds Starz Entertainment LLC responsible because the defendant employed an unfair and deceptive policy and practice of promising a free seven-day trial, but then prevented consumers from canceling the trial and avoiding charges.
The plaintiff requests a trial by jury and seeks award of damages, prejudgment interest, costs and disbursements incurred, and grant such other relief as the court deems just and proper. She is represented by Todd S. Garber and Jean M. Sedlak of Finkelstein, Blankinship, Frei-Pearson & Garber LLP in White Plains, New York and by Jeffrey Kaliel of Kaliel PLLC in Washington, D.C.
U.S. District Court for the Southern District of New York case number 1:17-cv-09452-AT