Simple Habit Class Action Says Meditation App Subscription Auto Renews

Simple Habit meditation subscriptions are automatically renewed without consumer consent, according to a recent class action lawsuit.

Simple Habit offers a variety of audio meditation for purchase through their website and app.

However, plaintiff Brianna Rivera argues that Simple Habit fails to adequately inform consumers that their subscriptions will be renewed automatically.

The terms and conditions for Simple Habit reportedly includes a “lengthy” document containing information about Simple Habit renewal but is does not use clear language.

The failure to use clear and conspicuous language regarding subscription terms allegedly violates California’s Business & Professional Code. Under this code, an automatic renewal is defined as a “plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term.”

Should a service qualify as an automatic renewal under this definition, it is reportedly subjected to provisions regarding automatic renewal disclosures and policies.

The legislation reportedly includes provisions regarding automatic renewals that requires companies to present renewal terms in a clear manner, obtain affirmative consent before charging consumer payment options, and provide acknowledgement of renewal terms and conditions.

Rivera specifically claims that the company fails to comply with the “clear and conspicuous” language requirement. Under the code, stating terms “clearly and conspicuously” means “in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbol ls or other marks, in a manner that clearly calls attention to the language.”

Simple Habit terms and conditions fail to draw attention to parts of the document that governed subscription agreement and renewal policies.

“Defendant 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,” the Simple Habit class action lawsuit claims.

The Simple Habit class action states that the company continues to fail in their duty to provide clear and conspicuous disclosure of automatic renewal terms in follow-up emails to subscribed consumers.

In these emails, Simple Habit allegedly makes no mention of their terms and conditions. Rivera argues that this is a continued failure to provide “an acknowledgement that includes the automatic renewal or continuous service offer terms, cancellation policy, and information on how to cancel.”

Rivera seeks to represent a Class of consumers in California that purchased a product or service from Simple Habit constituting an automatic renewal. The Simple Habit class action lawsuit seeks damages, restitution, injunctive relief, court costs, and attorneys’ fees.

Rivera and the proposed Class are represented by Scott J. Ferrell of Pacific Trial Attorneys.

The Simple Habit Auto Renewal Class Action Lawsuit is Rivera v. Simple Habit Inc., Case No. 2:19-cv-01259, in the U.S. District Court for the Central District of California.