Boxycharm Class Action Alleges Automatic Subscription Renewal

A California woman says she was hit with unexpected automatic renewal subscription fees in a class action lawsuit lodged against cosmetic retailer Boxycharm.

Lead plaintiff Inez Vasquez-Cossio claims in her class action lawsuit that the cosmetic company violated California law by duping her and other consumers into a subscription service by failing to properly disclose important terms.

Boxycharm is a Florida company that sells boxes of cosmetic products online. The company’s website says that it offers hundreds of dollars in cosmetics and related products to subscribers for $21 a month.

The products are sold as subscriptions; however, according to the Boxycharm class action lawsuit, the sales process fails to disclose how to cancel the subscription and provide material terms of the agreement.

“Defendant made automatic renewal or continuous service offers to consumers in California 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 in violation of [California law],” contends the Boxycharm class action lawsuit.

“As a result, all goods, wares, merchandise, or products sent to Plaintiff and Class Members under the automatic renewal of continuous service agreements are deemed to be an unconditional gift…”

The Boxycharm class action notes that in 2010, the California legislature enacted a law protecting consumers from the assessment of unending charges from subscriptions, automatic renewal, and other types of service agreements.

Under the law, companies must acknowledge that the offer include an automatic renewal or continuous service agreement, clearly disclose the terms of the agreement, and provide consumers information about canceling the service.

In addition, if the subscription service or automatic renewal comes with a so-called “free” gift or trial, the cancelation process must be easily accessible by California consumers.

“After Plaintiff and Class Members subscribed to one of Defendant’s subscription plans…Defendant sent to Plaintiff and Class Members email follow-ups to their purchases, but has failed, and continues to fail, to provide an acknowledgement that includes the automatic renewal or continuous service offer terms, cancellation policy, and information on how to cancel in a manner that is capable of being retained by Plaintiff and Class Members in violation of [California law],” alleges the Boxycharm class action lawsuit.

The Boxycharm class action lawsuit seeks to represent those in California who purchased a subscription service from the company constituting an “automatic renewal” between April 25, 2017 and the present. The plaintiff accuses Boxycharm of failing to provide information about the automatic renewal in violation of California law.

The Boxycharm class action lawsuit is seeking restitution of Class Members’ subscription payments and a court order stopping the company from assessing automatic renewal fees in violation of California law.

Vasquez-Cossio and the proposed Class Members are represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The Boxycharm Automatic Renewal Class Action Lawsuit is Vasquez-Cossio v. Boxy Charm Inc., Case No. 5:19-cv-00869-JGB-KK, in the U.S. District Court for the Central District of California.

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