LOS ANGELES (Legal Newsline) – A woman alleges a subscription box service charged her credit card without first obtaining her consent to agree to renew the service.
Kathy Lira, individually and on behalf of all others similarly situated, filed a complaint on March 16 in the U.S. District Court for the Central District of California against Bump Boxes Inc. over alleged violation of California's Automatic Renewal Law and Unfair Competition Law.
According to the complaint, the plaintiff alleges that after purchasing defendant's pregnancy products, the defendant automatically renewed her subscription without first obtaining her affirmative consent.
The plaintiff holds Bump Boxes Inc. responsible because the defendant allegedly "failed to present the automatic renewal offer terms or continuous service offer terms, in a clear and conspicuous manner and in visual proximity to the request for consent to the offer before the subscription or purchasing agreement was fulfilled" and "failed to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer," the suit states.
The plaintiff requests a trial by jury and seeks declaration and injunctive relief pursuant to California Business and Professional Code, award of attorneys' fees, costs, and that the court award such other and further relief may deem appropriate. She is represented by Scott J. Ferrell of Pacific Trial Attorneys in Newport Beach, California.
U.S. District Court for the Central District of California case number 8:18-cv-00422-AG-JDE