A recent class action lawsuit claims that the Singles Swag subscription box violates California auto renewal laws.
Singles Swag is a subscription box for women that includes beauty products, jewelry, accessories, treats, and other surprises.
Although the subscription box may provide countless products for single ladies, subscribers may be in for a surprise when it comes to the box’s renewal terms.
California has strict laws regarding automatic renewal services. Under these laws, businesses are required to do the following when making any sort of automatic renewal or continuous service offer:
- Provide automatic renewal or continuous service offer terms in a “clear and conspicuous manner” before the consumer enters into a subscription. The terms must be in “visual proximity” to the request for consent.
- Obtain consumer consent to the agreement terms before charging the consumer’s account or card.
- Provide an acknowledgement with the offer terms, cancellation policy, and directions for cancellation. If an offer includes a free trial, businesses must disclose how to cancel the subscription before any charges are made.
These laws aim to help consumers make informed choices about subscriptions and automatic renewals. Singles Swag allegedly fails to follow the California subscription laws, according to the recent class action lawsuit.
When plaintiff Brianna Rivera purchased the Singles Swag subscription box, the terms of the offer were reportedly not provided in a clear and conspicuous manner as required by California law.
Additionally, before charging Rivera’s card, the Singles Swag website reportedly failed to obtain affirmative consent regarding the offer terms.
The Singles Swag class action claims that even after Rivera subscribed to the Singles Swag subscription box, she was reportedly never given an acknowledgement that includes the offer terms, cancellation policy, and cancellation instructions.
This lack of transparency is allegedly experienced by all consumers who purchase a Singles Swag subscription.
“Because of Defendant’s failure to gather affirmative consent to the automatic renewal terms, all goods, wares, merchandise, or products, sent to Plaintiff and Class Members under the automatic renewal or continuous service agreement are deemed to be an unconditional gift pursuant to [California law], and Plaintiff and Class Members may use or dispose of the same in any manner they see fit without any obligation whatsoever on their part to Defendant, including, but not limited to, bearing the cost of, or responsibility for, shipping any goods, wares, merchandise or products,” Rivera argues.
Rivera seeks to represent a Class of California consumers who purchased products or services from Singles Swag that were associated with an automatic renewal offer.
The Singles Swag class action lawsuit seeks injunctive relief, restitution, court costs, and attorneys’ fees.
Rivera and the proposed Class are represented by Scott J. Ferrell of Pacific Trial Attorneys APC.
The Singles Swag Auto Renewal Subscription Class Action Lawsuit is Rivera v. JHB Companies LLC, et al., Case No. 2:19-cv-04311, in the U.S. District Court for the Central District of California.
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