ButcherBox Class Action Challenges Automatic Renewal

A class action lawsuit claims that ButcherBox doesn’t send cancelation and renewal terms to its customers, leading them to purchase more meat than they otherwise would have.

Plaintiff Kyle Johnson says he purchased a subscription plan from ButcherBox, a company that sends customers a selection of meats on a regular basis.

Allegedly, the plan auto-renews, so customers who sign up for a subscription will automatically get a ButcherBox and will be charged for it unless they edit or cancel their subscription.

Johnson states that after he subscribed to the ButcherBox plan, he was sent email follow-ups for his purchase. Allegedly, the company failed to, and continues to fail to provide information on their automatic renewal or continuous service offer terms.

Additionally, Johnson says the company does not provide information to customers regarding their cancelation policy.

To support his claim that ButcherBox does not provide information on its cancelation or renewal policy, Johnson provides screen shots of his emails from the company that notify him of upcoming boxes and billings for previous boxes, but do not provide him any way to cancel his subscription.

According to the ButcherBox class action lawsuit, the company’s practice of not providing cancelation and renewal information violates California’s Business and Professional Code.

The code states that it is “unlawful for any business making an automatic renew or continuous service offer to a consumer to…fail 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.”

According to the ButcherBox class action, ButcherBox violated California law by not providing the cancelation terms and subscription terms in a way that customers could retain, i.e. via email.

Johnson says he was financially injured by ButcherBox’s conduct because he lost money — allegedly, he received more products because he is not able to cancel his subscription.

The plaintiff claims that this amounts to ButcherBox receiving and holding unlawfully obtained property and money belonging to him, in the form payments made for subscription agreements.

The ButcherBox subscription class action lawsuit says that many consumers are similarly affected in the way Johnson is, and are similarly financially injured. Johnson seeks damages on behalf of himself and on behalf of all other similarly affected California consumers.

Allegedly, the company knew or should have known that their conduct was in violation of California law, but continued their practice of not telling consumers of their cancelation and subscription policy in an attempt to maximize their profits from the sale of boxes.

Johnson is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The ButcherBox Subscription Auto Renewal Class Action Lawsuit is Kyle Johnson v. ButcherBox LLC, Case No. 2:19-cv-00876-TLN-AC, in the U.S. District Court for the Eastern District of California.

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