WHITE PLAINS, N.Y. (Legal Newsline) — A food subscription service is being accused of illegally automatically renewing customers' accounts without their consent.
Lisa Molenda, on behalf of herself and all others similarly situated, filed a complaint Jan. 16 in the U.S. District Court for the Southern District of New York against HungryRoot Inc., alleging violation of California's Unfair Competition Law and other claims.
According to her class action, Molenda purchased a monthly subscription to HungryRoot in February of 2021. She claims she signed up for the subscription at the promotional discounted rate and provided her payment information. Molenda further claims HurgryRoot did not disclose all the required automatic renewal terms for the subscription except on the checkout page in an "insufficient" manner that did not clearly state that her subscription would automatically renew every month and did not describe the full cancellation policy.
She alleges HungryRoot is engaging in an "illegal 'automatic renewal'" scheme that results in monthly or annual charges on the consumers' credit, debit or third party payment account. Molenda claims HungryRoot does not require the consumer to agree to any terms of service or obtain any form of consent before charging consumers' on a regular basis.
Molenda and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Frederic, Klorczyk, III of Bursor & Fisher PA in New York, New York, Neal Deckant and Julia Venditti of Bursor & Fisher PA in Walnut Creek, California; Nick Suciu, III of Milberg Coleman Bryson Phillips Grossman PLLC in Bloomfield Hills, Michigan; Gary Klinger of Milberg Coleman Bryson Phillips Grossman PLLC in Chicago; and J. Hunter Bryson and Zoe Aaron of Milberg Coleman Bryson Phillips Grossman PLLC in New York.
U.S. District Court for the Southern District of New York case number 1:23-CV-00678